# Brown v. Rosenbaum

> Appellate Division of the Supreme Court of the State of New York · April 19, 1940 · 259 A.D. 304

URL: https://www.frixlaw.com/law-library/cases/5362619

## Case

- **Full name:** Frederick Brown v. Louis N. Rosenbaum
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** April 19, 1940
- **Citations:** 259 A.D. 304; 19 N.Y.S.2d 416; 1940 N.Y. App. Div. LEXIS 6129
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 3 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/5362619

## Opinion text

Per Curiam.
The judgment should be reversed because no identified shares of stock were allocated to the defendant’s contract of purchase until after the failure of the Harriman National Bank and Trust Company. (Broderick v. Aaron [Rice], 264 N. Y. 368 ; Broderick v. Adamson [Greif], 270 id. 260.) We have concluded, however, to order a new trial rather than to dismiss the complaint for the reason that this question may not have been sufficiently raised and adequately litigated at the trial. (See Persky v. Bank of America National Association, 261 N. Y. 212 .)
The judgment should be reversed and a new trial granted, with costs to the appellant to abide the event.
Present — Martin, P. J., Glennon, Untermyer, Cohn and Callahan, JJ.
Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5362619. Public record. Not legal advice.