263 A.D. 1045 | N.Y. App. Div. | 1942
This is an appeal by the defendants Clarence Bergh and Edmund Ardizona from an order setting aside a verdict of no cause of action in favor of the above named-defendants and appellants and against the above-named plaintiff-respondent. The action was brought by the plaintiff-respondent against the defendants-appellants and Allison Silver-nail. The action was tried at the Trial Term in Albany county commencing April 14,1941, before a judge of the Supreme Court and a jury. At the time of the start of the trial, the attorney for defendant Silvernail stated to the court that he was unable to find his client and the court told him to proceed with the trial. The attorney for the defendants-appellants stated to the court that he could not be ready with his defense before Monday. The trial proceeded and witnesses were called by the plaintiff and were cross-examined by the attorneys for both defendants. At the close, motions for dismissal of the complaint and a judgment, on the ground that plaintiff had failed to make out a cause of action, were made by