Miles v. R & M Appliance Sales, Inc.

Appellate Division of the Supreme Court of New York

Miles v. R & M Appliance Sales, Inc.

30 A.D.2d 979, 294 N.Y.S.2d 1000, 1968 N.Y. App. Div. LEXIS 3073

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

DecidedOctober 28, 1968

StatusPublished

This text of 30 A.D.2d 979 (Miles v. R & M Appliance Sales, Inc.) 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

Miles v. R & M Appliance Sales, Inc., 30 A.D.2d 979, 294 N.Y.S.2d 1000, 1968 N.Y. App. Div. LEXIS 3073 (N.Y. Ct. App. 1968).

Pincite

Opinion

Judgment of the Supreme Court, Westchester County, dated June 20, 1967, reversed, on the law and the facts, without costs, and complaint dismissed. The proof introduced by appellant overcame any favorable inferences which could reasonably be adduced from plaintiff’s testimony. (See our prior decision [Miles v. R & M Appliance Sales, 27 A D 2d 857].) In the absence of such inferences there is no evidence before us which can support a verdict on behalf of plaintiff. Appeal from order of said court dated June 19, 1967 dismissed, without costs. An order denying a motion to set aside a verdict, made on the trial minutes, is not appealable. In any event the foregoing disposition of the appeal from the judgment renders the appeal from the order academic. Christ, Acting P. J., Benjamin and Munder, JJ., concur; Brennan [980]*980and Hopkins, JJ., concur in dismissal of appeal from the order, but otherwise dissent and vote to affirm the judgment.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment of the Supreme Court, Westchester County, dated June 20, 1967, reversed, on the law and the facts, without costs, and complaint dismissed. The proof introduced by appellant overcame any favorable inferences which could reasonably be adduced from plaintiff’s testimony. (See our prior decision [Miles v. R & M Appliance Sales, 27 A D 2d 857].) In the absence of such inferences there is no evidence before us which can support a verdict on behalf of plaintiff. Appeal from order of said court dated June 19, 1967 dismissed, without costs. An order denying a motion to set aside a verdict, made on the trial minutes, is not appealable. In any event the foregoing disposition of the appeal from the judgment renders the appeal from the order academic. Christ, Acting P. J., Benjamin and Munder, JJ., concur; Brennan [980]*980and Hopkins, JJ., concur in dismissal of appeal from the order, but otherwise dissent and vote to affirm the judgment.

Cite This Page — Counsel Stack

Bluebook (online)

30 A.D.2d 979, 294 N.Y.S.2d 1000, 1968 N.Y. App. Div. LEXIS 3073, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miles-v-r-m-appliance-sales-inc-nyappdiv-1968.