Buxhoeveden v. Estonian State Bank

Appellate Division of the Supreme Court of New York

Buxhoeveden v. Estonian State Bank

279 A.D. 1089, 112 N.Y.S.2d 785, 1952 N.Y. App. Div. LEXIS 5942

Appellate Division of the Supreme Court of the State of New York·Decided May 19, 1952·Published·Cited by 2 cases

Opinion

While we agree with the determination by the trial court that plaintiff’s Exhibit 1 is inadmissible and that plaintiff did not establish a prima facie case, we may not sustain the dismissal of the plaintiff’s complaint. [1090] Not having renewed its motions to dismiss and for a directed verdict at the close of all the evidence, defendant bank did not preserve its right to move for such relief after a verdict had been received, pursuant to section 457-a, and the trial court erred in directing judgment in its favor. Nolan, P. J., Carswell, MacCrate and Schmidt, JJ., concur. [See 280 App. Div. 806.J

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While we agree with the determination by the trial court that plaintiff’s Exhibit 1 is inadmissible and that plaintiff did not establish a prima facie case, we may not sustain the dismissal of the plaintiff’s complaint. [1090] Not having renewed its motions to dismiss and for a directed verdict at the close of all the evidence, defendant bank did not preserve its right to move for such relief after a verdict had been received, pursuant to section 457-a, and the trial court erred in directing judgment in its favor. Nolan, P. J., Carswell, MacCrate and Schmidt, JJ., concur. [See 280 App. Div. 806.J

Buxhoeveden v. Estonian State Bank, 279 A.D. 1089, 112 N.Y.S.2d 785, 1952 N.Y. App. Div. LEXIS 5942 (N.Y. Ct. App. 1952).

Pincite

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Opinion

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