McNulty v. Duffy
Appellate Terms of the Supreme Court of New York
Appeal from, a judgment, in favor of the plaintiff, rendered in the Municipal Court of the city of New York, seventh district, borough of Manhattan.
1Opinion of the CourtLeventritt, J.
The lax manner in which this action was tried has resulted in a very confused and unsatisfactory record. It is *780clear, however, that the recovery granted the plaintiff is excessive. To avoid the necessity of sending the case back for a retrial, with a repetition, possibly, of similar methods and similar results, we have struggled with the testimony to extract such reliable figures as would enable us to modify the judgment in accordance with the requirements of substantial justice.
The plaintiff pleaded four causes of action against the defendant, one of which was disallowed by the court, and,…
2Cases cited1 opinion
- Bernstein v. HeinemannAppellate Terms of the Supreme Court of New York · 1898
3Cited by2 opinions
- Berg v. KaiserAppellate Division of the Supreme Court of the State of New York · 1910
- Kamioner v. BalkindCity of New York Municipal Court · 1916