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

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

DecidedMay 19, 1952

StatusPublished

Cited by2 cases

This text of 279 A.D. 1089 (Buxhoeveden v. Estonian State Bank) 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

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

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]*1090Not 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]*1090Not 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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Bluebook (online)

279 A.D. 1089, 112 N.Y.S.2d 785, 1952 N.Y. App. Div. LEXIS 5942, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buxhoeveden-v-estonian-state-bank-nyappdiv-1952.

Opinion

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