Legal Opinion · Dissent

Backer v. Ratkowsky

Appellate Division of the Supreme Court of the State of New York

Decided April 8, 1910Published

Appeal by tlie defendant, Bernard Batkowsky, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 10th day of February, 1909, upon the verdict of a jury, and.also from an order entered in said clerk’s office on the same day denying, the defendant’s motion for a new trial made upon the minutes.

1Dissent

Laughlin, J. (dissenting):

I am of opinion that the verdict upon which the judgment was entered herein is fairly supported by-a preponderance of the evidence. According to the testimony of the plaintiff and of a disinterested witness, one Signed, who owned the El Dorado apartment house on Central Park West, with whom defendant, through the plaintiff, had negotiations for the exchange of said apart-, ment house for á parcel of land represented as owned by defendant on Gramerey park, the minds of the parties met with respect to all of the terms of the exchange of their properties, and it wras…

2Cases cited4 opinions

  1. Woolley v. LoewensteinNew York Supreme Court · 1894
  2. Folinsbee v. SawyerThe Superior Court of the City of New York and Buffalo · 1894
  3. Baumann v. NevinsAppellate Division of the Supreme Court of the State of New York · 1900
  4. Suydam v. HealyAppellate Division of the Supreme Court of the State of New York · 1904

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