Engelfried v. Murray's Delivery, Inc.

Appellate Division of the Supreme Court of New York

Engelfried v. Murray's Delivery, Inc.

3 A.D.2d 984, 162 N.Y.S.2d 670, 1957 N.Y. App. Div. LEXIS 5352

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

DecidedMay 22, 1957

StatusPublished

This text of 3 A.D.2d 984 (Engelfried v. Murray's Delivery, Inc.) 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

Engelfried v. Murray's Delivery, Inc., 3 A.D.2d 984, 162 N.Y.S.2d 670, 1957 N.Y. App. Div. LEXIS 5352 (N.Y. Ct. App. 1957).

Pincite

Opinion

Judgment reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: The parties have ignored that part of the order directing a new trial and have for some unexplained reason put into evidence the entire record of the previous trial and nothing more. We have already passed upon that record and have held that the verdict was against the weight of evidence and directed a new trial. The judgment presently appealed should be reversed and a new trial granted, as directed by our former decision. All concur. (Appeal from a judgment of Erie Trial Term for defendants for no cause of action, by direction of the court, in an automobile negligence action.) Present — MeCurn, P. J., Kimball, Williams, Bastow and Goldman, JJ.

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Judgment reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: The parties have ignored that part of the order directing a new trial and have for some unexplained reason put into evidence the entire record of the previous trial and nothing more. We have already passed upon that record and have held that the verdict was against the weight of evidence and directed a new trial. The judgment presently appealed should be reversed and a new trial granted, as directed by our former decision. All concur. (Appeal from a judgment of Erie Trial Term for defendants for no cause of action, by direction of the court, in an automobile negligence action.) Present — MeCurn, P. J., Kimball, Williams, Bastow and Goldman, JJ.

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Bluebook (online)

3 A.D.2d 984, 162 N.Y.S.2d 670, 1957 N.Y. App. Div. LEXIS 5352, Counsel Stack Legal Research, https://law.counselstack.com/opinion/engelfried-v-murrays-delivery-inc-nyappdiv-1957.