Dalury v. Rezinas
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Chris Dalury, from a judgment of the Supreme Court in favor of certain of the defendants, entered in the office of the clerk of the county of New York on the 18th day of December, 1917, upon a dismissal of the complaint at the opening on a trial at Trial Term.
1Dissent
Shearn, J. (dissenting):
The complaint in this case was dismissed on the opening statement of plaintiff’s counsel. The action is one to recover damages for fraud, consisting of the combined acts of the defendants, pursuant to an alleged unlawful agreement and conspiracy, to enable the defendant Rezinas to defraud plaintiff out of his investment of $15,000 for an undivided half interest in the partnership business of plaintiff and said Rezinas, who conducted a hotel and café at Coney Island called the Indiana House. He had a fifteen-year ground lease from the defendant Garms and had erected…
2Cases cited10 opinions
- Gould v. Cayuga County National BankNew York Court of Appeals · 1885
- Verplanck v. . Van BurenNew York Court of Appeals · 1879
- Tillie Von Au v. MagenheimerNew York Court of Appeals · 1909
- Swan v. Saddlemire & WoodNew York Supreme Court · 1832
- Neudecker v. . KohlbergNew York Court of Appeals · 1880
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