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Halloran v. N. C. Contracting Company

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1928
223 App. Div. 721 (N.Y. App. Div. 1928)

Opinion

February, 1928.


Upon reargument, order granting defendant's motion to set aside the verdict and grant a new trial affirmed, with costs. We are of opinion that under section 861 of the Penal Law, the oral contract set forth in the complaint is void. Rich, Young and Kapper, JJ., concur; Hagarty, J., not voting; Lazansky, P.J., dissents, being of opinion that the section of the Penal Law in question is unconstitutional, and still holding to his views expressed in the former decision of this court.

Added by Laws of 1917, chap. 702. — [REP.

See 222 App. Div. 690; Id. 757; post, p. 723. — [REP.


Summaries of

Halloran v. N. C. Contracting Company

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1928
223 App. Div. 721 (N.Y. App. Div. 1928)
Case details for

Halloran v. N. C. Contracting Company

Case Details

Full title:MICHAEL HALLORAN and DIEGO PACCIONE, Appellants, v. N. C. CONTRACTING…

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

Date published: Feb 1, 1928

Citations

223 App. Div. 721 (N.Y. App. Div. 1928)

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