Victor Catering Co. v. Nasca
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtWilliams, J.
The defendant has appealed from a judgment of the Supreme Court which affirmed a judgment of the City Court of Buffalo in favor of the plaintiff and against the defendant. The action is for goods sold and delivered, and a simple question of fact is presented as to whether the defendant had purchased or had agreed to pay for the goods in question. We find that the determinations of both the City Court of Buffalo and the Appellate Term of Supreme Court are contrary to the weight of the evidence and that there must be a reversal and a dismissal of the complaint. We have made findings accordingly.
2Cases cited9 opinions
- Bernardine v. City of New YorkNew York Court of Appeals · 1945
- York Mortgage Corp. v. Clotar Construction Corp.New York Court of Appeals · 1930
- Lamport v. . SmedleyNew York Court of Appeals · 1914
- Bonnette v. . MolloyNew York Court of Appeals · 1913
- Bernardine v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1944
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3Cited by6 opinions
- Valentino v. StateAppellate Division of the Supreme Court of the State of New York · 1978
- In re Derick M.Appellate Division of the Supreme Court of the State of New York · 1982
- Ponderosa Pines, Inc. v. Queens Farm Dairy, Inc.Appellate Division of the Supreme Court of the State of New York · 1975
- Hayden v. WaltersAppellate Division of the Supreme Court of the State of New York · 1985
- In re the Arbitration between Aetna Casualty & Surety Co. & HollerAppellate Division of the Supreme Court of the State of New York · 1976
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