Nicolli v. City of New York

Appellate Division of the Supreme Court of New York

Nicolli v. City of New York

25 A.D.2d 521, 268 N.Y.S.2d 965, 1966 N.Y. App. Div. LEXIS 4869

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

DecidedFebruary 24, 1966

StatusPublished

This text of 25 A.D.2d 521 (Nicolli v. City of New York) 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

Nicolli v. City of New York, 25 A.D.2d 521, 268 N.Y.S.2d 965, 1966 N.Y. App. Div. LEXIS 4869 (N.Y. Ct. App. 1966).

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Opinion

Judgment unanimously reversed on the law and on the facts and new trial granted, with $50 costs to appellant to abide the event. The complaint was improperly dismissed at the close of plaintiff’s case “ for lack of proof sufficient in the law.” Such proof, inconclusive as it may have been, was adequate to survive defendants’ motion that they were entitled to judgment as a matter of law (CBLR 4401). (Cf. McCarthy v. City of New York, 96 N. Y. S. 2d 910, affd. 273 App. Div. 945.)

Concur — Botein, P. J., McNally, Stevens and Bastow, JJ.

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Judgment unanimously reversed on the law and on the facts and new trial granted, with $50 costs to appellant to abide the event. The complaint was improperly dismissed at the close of plaintiff’s case “ for lack of proof sufficient in the law.” Such proof, inconclusive as it may have been, was adequate to survive defendants’ motion that they were entitled to judgment as a matter of law (CBLR 4401). (Cf. McCarthy v. City of New York, 96 N. Y. S. 2d 910, affd. 273 App. Div. 945.)

Concur — Botein, P. J., McNally, Stevens and Bastow, JJ.

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Bluebook (online)

25 A.D.2d 521, 268 N.Y.S.2d 965, 1966 N.Y. App. Div. LEXIS 4869, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nicolli-v-city-of-new-york-nyappdiv-1966.

Opinion

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