Lakowschowsky v. Utopia Land Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Morris Lakowschowsky against the Utopia Land Company. Judgment of dismissal, and plaintiff appeals.
1DissentBischoff, J.
Taking the evidence for the plaintiff in the favorable aspect which is to measure the extent of the proof upon the review of a nonsuit, I cannot escape the conclusion that a prima facie case was made out and that the dismissal was error. The action is not based upon a mere refusal of the defendant to accept the installments at particular times. As ruled by the Appellate Division upon an earlier appeal (Lakoschowsky v. Utopia Land Company, [Sup.] 110 N. Y. Supp. 182, opinion filed May 8, 1908), this refusal did not amount to a breach of contract; but the record before us presents a case…
2Cases cited4 opinions
- Kelly v. . Security Mutual Life Ins. Co.New York Court of Appeals · 1906
- The People v. . Empire Mut. Life Ins. Co.New York Court of Appeals · 1883
- Attorney-General v. Guardian Mutual Life InsuranceNew York Court of Appeals · 1880
- Lakoschowsky v. Utopia Land Co.Appellate Division of the Supreme Court of the State of New York · 1908