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254 A.D. 663

Roerich v. Horch

Appellate Division of the Supreme Court of the State of New York · decided 1938-04-22

Relies on Bernstein v. Kritzer

Decided 1938-04-22

O’Malley, J.

¶1(dissenting). The indisputable documentary evidence bearing on the main issues presented was of such a character that a finding in favor of plaintiffs was required. (Duryea v. Zimmerman, 143 App. Div. 60, 68; Susquehanna Silk Mills v. Jacobson, 185 id. 378, 383. See, also, Bernstein v. Kritzer, 253 N. Y. 410, 416.) I, therefore, dissent and vote to reverse and grant judgment for the plaintiffs as prayed for in the complaint and to dismiss the counterclaims.

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