Cohen v. Yalkut
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Isaac Cohen arid another against Abraham Yalkut. Judgment for plaintiffs, and defendant appeals. Reversed, and new trial ordered.
1Opinion of the CourtSeabury, J.
The complaint was for damages for breach of contract. The answer contained a general denial and counterclaim. The learned court below rendered judgment for the plaintiff, but, so far as the record shows, made no disposition of the counterclaim. From the record we are unable to determine whether-this was an oversight, or whether judgment was rendered for the amount of the plaintiff’s-claim, because the court did not credit the testimony upon which the defendant relied to establish his counterclaim. Under section 230 of the Municipal Court Act (Laws 1902, c. 580), the court is required, upon…
2Cases cited1 opinion
- Schaffer v. FihrerAppellate Terms of the Supreme Court of New York · 1912