Kramb v. Fincher

New York Court of Appeals

Kramb v. Fincher

100 N.E.2d 52, 302 N.Y. 873, 1951 N.Y. LEXIS 986

CourtNew York Court of Appeals

DecidedJune 1, 1951

StatusPublished

Cited by1 cases

This text of 100 N.E.2d 52 (Kramb v. Fincher) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kramb v. Fincher, 100 N.E.2d 52, 302 N.Y. 873, 1951 N.Y. LEXIS 986 (N.Y. 1951).

Pincite

Opinion

Per Curiam.

Since the reversal by the Appellate Division of the judgment in favor of plaintiff on the third cause of action was upon the law and the facts and the complaint was dismissed on the ground that the jury’s verdict was against the weight of the credible evidence in the case, a new trial must be ordered. (Imbrey v. Prudential Ins. Co., 286 N. Y. 434, 441; Toone v. City of New York, 218 N. Y. 616.)

The judgment of the Appellate Division, insofar as it affirms the judgment of the trial court as to the second cause of action, should be affirmed, with costs.

The judgment of the Appellate Division, insofar as it reverses the judgment of the trial court as to the third cause of action, and dismisses that cause of action, should be reversed and a new trial thereof granted, with costs to abide the event.

Loughran, Oh. J., Lewis, Conway, Desmond, Dye, Ftjld and Froessel, JJ., concur.

Judgment accordingly.

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