Opinion · Nylaw New York

JANOER v. RICHER, 232 App. Div. 698 (1931)

232 App. Div. 698

Type: Opinion
Court: Nylaw New York
Jurisdiction: Nylaw
Date: 1931-01-01
Topic: general

JANOER v. RICHER, 232 App. Div. 698 (1931) ROSALIE F. JANOER, Appellant, v. HARRY L.

Citator

UpLaw has not yet analyzed JANOER v. RICHER, 232 App. Div. 698 (1931). The absence of a flag is not a finding that it is good law.

JANOER v. RICHER,232 App. Div. 698(1931)

ROSALIE F. JANOER, Appellant, v. HARRY L. RICHER, Respondent, and MAX

SCHIER, Defendant.

Appellate Division of the Supreme Court of New York, Second Department.

January, 1931.

Judgment reversed upon the law and the facts, and a new trial granted, costs to abide the event. In our opinion, the plaintiff made out aprima faciecause of action in equity for a reformation of the release in question,Page 699and the complaint was improperly dismissed at the close of the plaintiff's case. Findings of fact and conclusions of law inconsistent herewith are reversed. Lazansky, P.J., Young, Hagarty, Carswell and Tompkins, JJ., concur. Settle order on notice.