Mead v. Sherwood

Appellate Division of the Supreme Court of New York

Mead v. Sherwood

25 A.D.2d 744, 269 N.Y.S.2d 173, 1966 N.Y. App. Div. LEXIS 4425

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

DecidedApril 28, 1966

StatusPublished

This text of 25 A.D.2d 744 (Mead v. Sherwood) 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

Mead v. Sherwood, 25 A.D.2d 744, 269 N.Y.S.2d 173, 1966 N.Y. App. Div. LEXIS 4425 (N.Y. Ct. App. 1966).

Pincite

Opinion

Amended judgment in favor of defendants unanimously reversed, on the law, and a new trial ordered, with $50 costs to abide the event. We agree with the trial court that when plaintiffs in this personal injury action rested they had proved a prima facie case and it was proper to deny defendants’ motion to dismiss. Accordingly, when defendants also rested after such denial, the issues should have been submitted to the jury and not determined by the court, notwithstanding that motions for direction of a verdict were made by both sides (Squillante v. Los Cab Corp., 23 A D 2d 656).

Concur — Botein, P. J., Breitel, Rabin and Steuer, JJ.

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Amended judgment in favor of defendants unanimously reversed, on the law, and a new trial ordered, with $50 costs to abide the event. We agree with the trial court that when plaintiffs in this personal injury action rested they had proved a prima facie case and it was proper to deny defendants’ motion to dismiss. Accordingly, when defendants also rested after such denial, the issues should have been submitted to the jury and not determined by the court, notwithstanding that motions for direction of a verdict were made by both sides (Squillante v. Los Cab Corp., 23 A D 2d 656).

Concur — Botein, P. J., Breitel, Rabin and Steuer, JJ.

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Bluebook (online)

25 A.D.2d 744, 269 N.Y.S.2d 173, 1966 N.Y. App. Div. LEXIS 4425, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mead-v-sherwood-nyappdiv-1966.