NEW YORK CREDIT MEN'S ADJUSTMENT BUR. v. WEISS


305 N.Y. 1 (1953)

New York Credit Men's Adjustment Bureau, Inc., as Trustee in Bankruptcy of W. F. Irish Co., Inc., Bankrupt, Respondent, v. Milton M. Weiss et al., Appellants.

Court of Appeals of the State of New York.

Decided January 15, 1953


Attorney(s) appearing for the Case

Robert I. Ruback for Milton M. Weiss, appellant, and Sydney Basil Levy for Louis Amsterdam, appellant.

Benjamin Weintraub and Eugene N. Sosnoff for respondent.

LOUGHRAN, Ch. J., LEWIS, DYE and FROESSEL, JJ., concur with CONWAY, J.; DESMOND, J., dissents in opinion in which FULD, J., concurs.


CONWAY, J.

This is an appeal by the defendants from an order of the Appellate Division, First Department, which reversed, on the law, a judgment of dismissal of the complaint on the merits after trial and ordered a new trial solely for the purpose of assessing plaintiff's damages. Each of the defendants has stipulated for judgment absolute in the event of affirmance.

The action is by the trustee in bankruptcy...

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