History
  • No items yet
midpage
Shmulewitz v. Cohen
243 A.D. 744
N.Y. App. Div.
1935
Check Treatment
Per Curiam.

We are of the opinion that the verdict of the jury in favor of the plaintiff against the defendants Brown and Cohen was against the weight of the evidence and that the court was justified in setting the verdict aside. The court, however, should have ordered a new trial instead of directing a verdict after the jury had been discharged. (Gabler v. Goldman Co., 215 App. Div. 333; Gilbert v. Finch, 72 id. 38; affd., 173 N. Y. 455.)

The judgment appealed from should be reversed and a new trial ordered as to all the defendants, with costs to the appellant against the defendants, respondents, to abide the event.

Present — Martin, P. J., Merrell, Townley, Glennon and Untermyer, JJ.

Judgment reversed and a new trial ordered as to all defendants, with costs to the appellant against the defendants, respondents, to abide the event.

Case Details

Case Name: Shmulewitz v. Cohen
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Mar 15, 1935
Citation: 243 A.D. 744
Court Abbreviation: N.Y. App. Div.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.