Conway v. Crosby

Appellate Division of the Supreme Court of New York

Conway v. Crosby

272 A.D.2d 868

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

DecidedJune 12, 1947

StatusPublished

This text of 272 A.D.2d 868 (Conway v. Crosby) 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

Conway v. Crosby, 272 A.D.2d 868 (N.Y. Ct. App. 1947).

Pincite

Opinion

Order unanimously reversed and a new trial ordered, with costs to the appellant to abide the event, upon the ground that the complainant’s evidence was sufficient, as a matter of law, to establish prima facie a [869]*869case against the defendant. Whether or not the court upon a retrial will adhere to its original decision after hearing the defendant or any witnesses he may choose to call is a matter for the court as the triers of fact to determine. Present — Martin, P. J., Glennon, Dore, Cohn and Peek,. JJ.

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Order unanimously reversed and a new trial ordered, with costs to the appellant to abide the event, upon the ground that the complainant’s evidence was sufficient, as a matter of law, to establish prima facie a [869]*869case against the defendant. Whether or not the court upon a retrial will adhere to its original decision after hearing the defendant or any witnesses he may choose to call is a matter for the court as the triers of fact to determine. Present — Martin, P. J., Glennon, Dore, Cohn and Peek,. JJ.

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Bluebook (online)

272 A.D.2d 868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/conway-v-crosby-nyappdiv-1947.