Joseph W. Platt, Inc. v. Scherick

Appellate Division of the Supreme Court of New York

Joseph W. Platt, Inc. v. Scherick

230 A.D. 855

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

DecidedOctober 15, 1930

StatusPublished

This text of 230 A.D. 855 (Joseph W. Platt, Inc. v. Scherick) 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

Joseph W. Platt, Inc. v. Scherick, 230 A.D. 855 (N.Y. Ct. App. 1930).

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Opinion

Judgment reversed upon the law and a new trial granted, costs to abide the event. It was error to refuse to grant the defendants’ request to submit the questions of fact to the jury. Defendants’ motion for the direction [856]*856of a verdict did not bar their receding from that motion and requesting a submission of the question of fact to the jury. (O’Connor v. Webber, 239 N. Y. 191, 198; Pneumatic Signal Co. v. Texas & Pacific R. Co., 200 id. 125, 129; Kinner v. Whipple, 198 id. 585; Scott v. Empire State Degree of Honor, 204 App. Div. 530, 532; Happel v. Lehigh Valley Railroad Co., 210 id. 461, 463; Washington Finance Corporation v. Samuels, 224 id. 672.) Lazansky, P. J., Rich, Young, Scudder and Tompkins, JJ., concur.

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Judgment reversed upon the law and a new trial granted, costs to abide the event. It was error to refuse to grant the defendants’ request to submit the questions of fact to the jury. Defendants’ motion for the direction [856]*856of a verdict did not bar their receding from that motion and requesting a submission of the question of fact to the jury. (O’Connor v. Webber, 239 N. Y. 191, 198; Pneumatic Signal Co. v. Texas & Pacific R. Co., 200 id. 125, 129; Kinner v. Whipple, 198 id. 585; Scott v. Empire State Degree of Honor, 204 App. Div. 530, 532; Happel v. Lehigh Valley Railroad Co., 210 id. 461, 463; Washington Finance Corporation v. Samuels, 224 id. 672.) Lazansky, P. J., Rich, Young, Scudder and Tompkins, JJ., concur.

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230 A.D. 855, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joseph-w-platt-inc-v-scherick-nyappdiv-1930.

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