Gilman v. Prudential Insurance Co. of America

Appellate Terms of the Supreme Court of New York

Gilman v. Prudential Insurance Co. of America

180 Misc. 729, 45 N.Y.S.2d 684

CourtAppellate Terms of the Supreme Court of New York

DecidedJuly 6, 1943

StatusPublished

This text of 180 Misc. 729 (Gilman v. Prudential Insurance Co. of America) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gilman v. Prudential Insurance Co. of America, 180 Misc. 729, 45 N.Y.S.2d 684 (N.Y. Ct. App. 1943).

Pincite

Opinion

Memorandum Per Curiam.

There was sufficient evidence to raise a question of fact, and although the court would be warranted in setting aside the verdict as against the weight of the evidence, there being a jury there must be a new trial. (Starr v. Equitable Life Assur. Soc., 257 App. Div. 261.)

Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.

Hammer, Shientag and Hecht, JJ., concur.

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Memorandum Per Curiam.

There was sufficient evidence to raise a question of fact, and although the court would be warranted in setting aside the verdict as against the weight of the evidence, there being a jury there must be a new trial. (Starr v. Equitable Life Assur. Soc., 257 App. Div. 261.)

Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.

Hammer, Shientag and Hecht, JJ., concur.

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Bluebook (online)

180 Misc. 729, 45 N.Y.S.2d 684, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gilman-v-prudential-insurance-co-of-america-nyappterm-1943.

Opinion

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