Argued November 17, 1959
Decided December 30, 1959
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, SAUL S. STREIT, J.
Conrad J. Lynn for appellants.
Louis J. Brecher for respondent.
Judgment affirmed, with costs; no opinion.
Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE.
Full title:ROBERT PORTERFIELD et al., Appellants, v. SAMUEL SAFFAN, Respondent
Court:Court of Appeals of the State of New York
Date published: Dec 30, 1959
Other New York cases follow the related rule that the mere bringing of an action does not lay the foundation…
National Fittings Co. v. Durst Mfg. Co.Unless and until that action has terminated in the defendant's favor, defendant has no cause of action for…