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

Appellate Division of the Supreme Court of the State of New York·Decided May 12, 1953·Published·Cited by 1 cases

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.

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).

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