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Kramer v. News Syndicate Co.

Court of Appeals of the State of New York
Dec 31, 1940
284 N.Y. 557 (N.Y. 1940)

Opinion

Argued November 27, 1940

Decided December 31, 1940

Appeal from the Supreme Court, Appellate Division, First Department, O'BRIEN, J.

Lee Hazen, Julius M. Arnstein and Joseph Dannenberg for appellant.

Stuart N. Updike and James W. Rodgers for respondent.



The majority of the court are agreed that the question of whether the plaintiff is entitled to any damages is one of fact rather than of law. We are all agreed that there should be a new trial on the ground that the trial court erroneously admitted testimony of the witness Daniel.

The judgment of the trial court and the judgment of dismissal of the Appellate Division should be reversed and a new trial granted, with costs to the appellant to abide the event.

LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ., concur.

Judgments reversed, etc.


Summaries of

Kramer v. News Syndicate Co.

Court of Appeals of the State of New York
Dec 31, 1940
284 N.Y. 557 (N.Y. 1940)
Case details for

Kramer v. News Syndicate Co.

Case Details

Full title:BERNARD KRAMER, Appellant, v. NEWS SYNDICATE CO., INC., Respondent

Court:Court of Appeals of the State of New York

Date published: Dec 31, 1940

Citations

284 N.Y. 557 (N.Y. 1940)
32 N.E.2d 552

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