# Delaney v. Philhern Realty Holding Corp.

> New York Court of Appeals · June 2, 1939 · 280 N.Y. 461

URL: https://www.frixlaw.com/law-library/cases/3604623

## Case

- **Full name:** Maron Delaney Et Al., Respondents, v. Philhern Realty Holding Corporation Et Al., Defendants, and Jacob Shapiro Et Al., Appellants
- **Court:** New York Court of Appeals
- **Decided:** June 2, 1939
- **Citations:** 280 N.Y. 461; 21 N.E.2d 507; 1939 N.Y. LEXIS 1339
- **Precedential status:** Published
- **Opinion:** Dissent by Rippey
- **Judges:** Finch, Crane, Rippey
- **Cited by:** 41 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3604623

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3604623. Public record. Not legal advice.