TREICHLER v. IROQUOIS GAS CORP.


24 A.D.2d 835 (1965)

Henry A. Treichler et al., Appellants, v. Iroquois Gas Corporation, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 28, 1965


Judgment unanimously modified in accordance with the memorandum and as so modified affirmed, without costs of this appeal to either party.

Memorandum:

The complaint was primarily in rescission with an incidental prayer for damages. The evidence was closed without any proof of damages, but after plaintiffs' attorney had requested that plaintiffs be permitted the right to reopen the case to present proof of damage. Decision was reserved on that motion. It was...

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