MacIvor v. Schwartzman

226 A.D. 746

Opinion

Judgment reversed upon the law and new trial granted, costs to abide the event. It was error to refuse to grant plaintiff’s request to submit the questions of fact to the jury. Her motion for the direction of a verdict did not bar her from withdrawing that motion and requesting a submi sion of the questions of fact to the jury (Washington Finance Corporation v. Samuels, 224 App. Div. 672.) Lazansky, P. J., Rich, Kapper, Carswell and Scudder, JJ., concur.