Cordover v. Flynn

Appellate Division of the Supreme Court of New York

Cordover v. Flynn

251 A.D. 270, 296 N.Y.S. 269, 1937 N.Y. App. Div. LEXIS 6913

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

DecidedMay 28, 1937

StatusPublished

This text of 251 A.D. 270 (Cordover v. Flynn) 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

Cordover v. Flynn, 251 A.D. 270, 296 N.Y.S. 269, 1937 N.Y. App. Div. LEXIS 6913 (N.Y. Ct. App. 1937).

Pincite

Opinion

Per Curiam.

The evidence is insufficient to support the verdict against the defendant John Flynn as there was not sufficient proof of any responsibility on his part for the alleged assault. Accordingly, the determination of the Appellate Term affirming the .judgment of the City Court in plaintiffs’ favor should be modified to [271]*271the extent of reversing the judgment against the defendant John Flynn and dismissing the complaint as against him, with costs to said defendant in the Appellate Term and the City Court, and with costs to the plaintiffs against the defendant Richard Flynn in said courts, and as so modified affirmed, without costs in this court.

Present — Martin, P. J., O’Malley, Dore, Cohn and Callahan, JJ.; Cohn and Callahan, JJ., dissent and vote to affirm.

Determination modified to the extent of reversing the judgment against the defendant John Flynn and dismissing the complaint as against him, with costs to said defendant in the Appellate Term and the City Court, and with costs to the plaintiffs against the defendant Richard Flynn in said courts, and as so modified affirmed, without costs in this court.

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Per Curiam.

The evidence is insufficient to support the verdict against the defendant John Flynn as there was not sufficient proof of any responsibility on his part for the alleged assault. Accordingly, the determination of the Appellate Term affirming the .judgment of the City Court in plaintiffs’ favor should be modified to [271]*271the extent of reversing the judgment against the defendant John Flynn and dismissing the complaint as against him, with costs to said defendant in the Appellate Term and the City Court, and with costs to the plaintiffs against the defendant Richard Flynn in said courts, and as so modified affirmed, without costs in this court.

Present — Martin, P. J., O’Malley, Dore, Cohn and Callahan, JJ.; Cohn and Callahan, JJ., dissent and vote to affirm.

Determination modified to the extent of reversing the judgment against the defendant John Flynn and dismissing the complaint as against him, with costs to said defendant in the Appellate Term and the City Court, and with costs to the plaintiffs against the defendant Richard Flynn in said courts, and as so modified affirmed, without costs in this court.

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Bluebook (online)

251 A.D. 270, 296 N.Y.S. 269, 1937 N.Y. App. Div. LEXIS 6913, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cordover-v-flynn-nyappdiv-1937.