Clark v. Reynolds

New York Court of Appeals

Clark v. Reynolds

33 N.E.2d 545, 285 N.Y. 611, 1941 N.Y. LEXIS 1628

New York Court of Appeals·Decided March 4, 1941·Published

Opinion

Motion denied. The moving papers do not indicate that the plaintiff moved for a direction of a verdict or that the trial court erred in submitting questions of fact to the jury. Upon an appeal from an order of the Appellate Division reversing a judgment on the facts and granting a new trial, this court may consider only whether “ as matter of law on the evidence the plaintiff was entitled to judgment.” (Rockowitz C. & B. Corp. v. Madame X Co., 248 N. Y. 272.)

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Motion denied. The moving papers do not indicate that the plaintiff moved for a direction of a verdict or that the trial court erred in submitting questions of fact to the jury. Upon an appeal from an order of the Appellate Division reversing a judgment on the facts and granting a new trial, this court may consider only whether “ as matter of law on the evidence the plaintiff was entitled to judgment.” (Rockowitz C. & B. Corp. v. Madame X Co., 248 N. Y. 272.)

Clark v. Reynolds, 33 N.E.2d 545, 285 N.Y. 611, 1941 N.Y. LEXIS 1628 (N.Y. 1941).

Pincite

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Opinion

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