Gelardin v. Flomarcy Co.

New York Court of Appeals

Gelardin v. Flomarcy Co.

56 N.E.2d 558, 293 N.Y. 217, 1944 N.Y. LEXIS 1305

CourtNew York Court of Appeals

DecidedJuly 19, 1944

StatusPublished

Cited by2 cases

This text of 56 N.E.2d 558 (Gelardin v. Flomarcy Co.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gelardin v. Flomarcy Co., 56 N.E.2d 558, 293 N.Y. 217, 1944 N.Y. LEXIS 1305 (N.Y. 1944).

Pincite

Opinion

*218 Per Curiam.

No motion was made by the defendant at the close of the case for dismissal of the complaint or direction of a verdict. This was a concession by the defendant that there was evidence which warranted submission of the case to the jury. In that state of the record, the Appellate Division was without power to dismiss the complaint. (Eno v. Klein, 236 N. Y. 543.)

The judgment of the Appellate Division should be modified so as to order a new trial, with costs to the appellant to abide the event.

Lehman, Ch. J., Loughran, Rippey, Lewis, Conway, Desmond and Thacher, JJ., concur.

Judgment accordingly.

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