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Friedman v. Yamner

Friedman v. Yamner, 97 N.Y.S. 357 (1906)
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Court
Appellate Terms of the Supreme Court of New York · State Appellate Courts
Decided
January 17, 1906
Judges
Scott
Citations
97 N.Y.S. 357
Disposition
Reversed.
Headnotes
Evidence—Conclusions. The testimony of witness giving in detail a conversation showing a monthly letting cannot be overcome by his conclusion, in another part of his testimony, which is merely the construction he put on the conversation, that there was a verbal lease for a year.
Summary
Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by Cilly Friedman against Sussman Yamner. From a judgment for plaintiff, defendant appeals.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Scott

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SCOTT, P. J.

I can find no evidence that a lease was made for a year. - The evidence of the witness Harry Friedman, where he gives in detail the conversation with defendant, shows a monthly letting. This cannot be changed to a lease for a year by the witness’ conclusion in another part of his testimony that the defendant took a verbal lease for a year. This is merely the construction he puts on the conversation, which he detailed previously, and which shows a monthly letting.

The complaint should have been dismissed, and the judgment should be reversed, and a new trial ordered, with costs to appellant to abide the event. All concur.

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