Goldberg v. Price

Appellate Terms of the Supreme Court of New York

Goldberg v. Price

123 Misc. 532, 205 N.Y.S. 391, 1924 N.Y. Misc. LEXIS 948

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 24, 1924

StatusPublished

This text of 123 Misc. 532 (Goldberg v. Price) 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

Goldberg v. Price, 123 Misc. 532, 205 N.Y.S. 391, 1924 N.Y. Misc. LEXIS 948 (N.Y. Ct. App. 1924).

Pincite

Opinion

Per Curiam.-

Although the learned trial judge said that if the jury found for the plaintiff he would set the verdict aside on (the ground that it was contrary to the evidence, and then directed a verdict, presumably under the authority of section 457-a of the Civil Practice Act it is' not necessary to determine the constitutionality of that provision since it was quite evident that the testimony presented a perfectly fair question of fact for the jury and that nothing appears in the record from which it can be fairly said that a verdict in favor of the plaintiff would be against the weight of evidence.

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

All concur; present, Bijur, Mullan and Levy, JJ.

Judgment reversed and new trial ordered.

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Per Curiam.-

Although the learned trial judge said that if the jury found for the plaintiff he would set the verdict aside on (the ground that it was contrary to the evidence, and then directed a verdict, presumably under the authority of section 457-a of the Civil Practice Act it is' not necessary to determine the constitutionality of that provision since it was quite evident that the testimony presented a perfectly fair question of fact for the jury and that nothing appears in the record from which it can be fairly said that a verdict in favor of the plaintiff would be against the weight of evidence.

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

All concur; present, Bijur, Mullan and Levy, JJ.

Judgment reversed and new trial ordered.

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Bluebook (online)

123 Misc. 532, 205 N.Y.S. 391, 1924 N.Y. Misc. LEXIS 948, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goldberg-v-price-nyappterm-1924.