Gerber v. Jarold Shops, Inc.

Appellate Division of the Supreme Court of New York

Gerber v. Jarold Shops, Inc.

281 A.D. 1015, 121 N.Y.S.2d 141, 1953 N.Y. App. Div. LEXIS 4109

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

DecidedMay 12, 1953

StatusPublished

Cited by1 cases

This text of 281 A.D. 1015 (Gerber v. Jarold Shops, 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

Gerber v. Jarold Shops, Inc., 281 A.D. 1015, 121 N.Y.S.2d 141, 1953 N.Y. App. Div. LEXIS 4109 (N.Y. Ct. App. 1953).

Pincite

Opinion

The record, including the documentary proof, discloses that the present claim of plaintiff is palpably false. Any verdict in his favor would have to be set aside as against the weight of the evidence. Accordingly it would have been proper to direct a verdict against him (Civ. Prac. Act, § 457-a). Order, so far as appealed from, unanimously reversed, with $20 costs and disbursements to the appellant, and a verdict directed in defendant’s favor dismissing the complaint upon the merits, with costs. Present — Peek, P. J., Glennon, Cohn, Callahan and Bergan, JJ.

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The record, including the documentary proof, discloses that the present claim of plaintiff is palpably false. Any verdict in his favor would have to be set aside as against the weight of the evidence. Accordingly it would have been proper to direct a verdict against him (Civ. Prac. Act, § 457-a). Order, so far as appealed from, unanimously reversed, with $20 costs and disbursements to the appellant, and a verdict directed in defendant’s favor dismissing the complaint upon the merits, with costs. Present — Peek, P. J., Glennon, Cohn, Callahan and Bergan, JJ.

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Bluebook (online)

281 A.D. 1015, 121 N.Y.S.2d 141, 1953 N.Y. App. Div. LEXIS 4109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gerber-v-jarold-shops-inc-nyappdiv-1953.

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