Opinion

Delaney v. Philhern Realty Holding Corp.

280 N.Y. 461
21 N.E.2d 507
1939 N.Y. LEXIS 1339

Court: New York Court of Appeals
Filed: Jun 2, 1939
Status: Published
Author: Rippey
On the bench: Finch, Crane, Rippey
Cited by: 41 cases

The opinion

Rippey, J.

(dissenting). In my opinion no question of error in submission of the case is presented for the consideration of this court. Under those circumstances I vote for affirmance without considering the question as to whether there was or was not an error in the charge on the subject of nuisance.

Lehman, Hubbs and Loughran, JJ., concur with Finch, J.; Crane, Ch. J., concurs in result in separate opinion; Rippey, J., dissents in memorandum; O’Brien, J., taking no part.

Judgments reversed, etc. .

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