Amato v. Brooklyn & Queens Transit Corp.

Appellate Division of the Supreme Court of New York

Amato v. Brooklyn & Queens Transit Corp.

251 A.D. 728, 295 N.Y.S. 538, 1937 N.Y. App. Div. LEXIS 7256

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 14, 1937

StatusPublished

This text of 251 A.D. 728 (Amato v. Brooklyn & Queens Transit Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Amato v. Brooklyn & Queens Transit Corp., 251 A.D. 728, 295 N.Y.S. 538, 1937 N.Y. App. Div. LEXIS 7256 (N.Y. Ct. App. 1937).

Pincite

Opinion

In this negligence action the trial justice denied the motion of the defendant, without reservation, to dismiss the complaint and submitted the questions of fact to the jury. After they had been deliberating for some time the jury was returned to the court and a verdict for the defendant was directed. This constituted error, for the trial justice was without power or authority to direct a verdict at that time. (Wallace v. D’Aprile, 221 App. Div. 402; Crowell Corporation v. Baugh & Sons Co., 237 id. 68; Owens v. Jaller, 240 id. 785, and Dougherty v. Salt, 227 N. Y. 200.) Judgment reversed on the law and a new trial granted, with costs to abide the event. Hagarty, Davis, Johnston, Adel and Close, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In this negligence action the trial justice denied the motion of the defendant, without reservation, to dismiss the complaint and submitted the questions of fact to the jury. After they had been deliberating for some time the jury was returned to the court and a verdict for the defendant was directed. This constituted error, for the trial justice was without power or authority to direct a verdict at that time. (Wallace v. D’Aprile, 221 App. Div. 402; Crowell Corporation v. Baugh & Sons Co., 237 id. 68; Owens v. Jaller, 240 id. 785, and Dougherty v. Salt, 227 N. Y. 200.) Judgment reversed on the law and a new trial granted, with costs to abide the event. Hagarty, Davis, Johnston, Adel and Close, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

251 A.D. 728, 295 N.Y.S. 538, 1937 N.Y. App. Div. LEXIS 7256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amato-v-brooklyn-queens-transit-corp-nyappdiv-1937.

Opinion

Related

Cite This Page — Counsel Stack