Paustenbach v. Miller

Appellate Division of the Supreme Court of New York

Paustenbach v. Miller

10 A.D.2d 556, 196 N.Y.S.2d 595, 1960 N.Y. App. Div. LEXIS 12120

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

DecidedJanuary 19, 1960

StatusPublished

This text of 10 A.D.2d 556 (Paustenbach v. Miller) 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

Paustenbach v. Miller, 10 A.D.2d 556, 196 N.Y.S.2d 595, 1960 N.Y. App. Div. LEXIS 12120 (N.Y. Ct. App. 1960).

Pincite

Opinion

Judgment dismissing the complaint affirmed, without costs. Concur — Breitel, J. P., M. M. Frank, Valente and Stevens, JJ.; McNally, J., dissents in the following memorandum: At the close of petitioner’s case, the trial court' denied defendant’s motion to dismiss her prima facie case. Defendant rested, adduced no proof whatever, renewed the motion to dismiss, and thereupon the court dismissed the complaint and discharged defendant. (Stern v. Klenk, 277 App. Div. 1095.) I vote to reverse and order a new trial on the ground that the determination is against the weight of the evidence.

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Judgment dismissing the complaint affirmed, without costs. Concur — Breitel, J. P., M. M. Frank, Valente and Stevens, JJ.; McNally, J., dissents in the following memorandum: At the close of petitioner’s case, the trial court' denied defendant’s motion to dismiss her prima facie case. Defendant rested, adduced no proof whatever, renewed the motion to dismiss, and thereupon the court dismissed the complaint and discharged defendant. (Stern v. Klenk, 277 App. Div. 1095.) I vote to reverse and order a new trial on the ground that the determination is against the weight of the evidence.

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Bluebook (online)

10 A.D.2d 556, 196 N.Y.S.2d 595, 1960 N.Y. App. Div. LEXIS 12120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paustenbach-v-miller-nyappdiv-1960.