Sagorsky v. Malyon

Appellate Division of the Supreme Court of New York

Sagorsky v. Malyon

283 A.D. 859, 129 N.Y.S.2d 900, 1954 N.Y. App. Div. LEXIS 5535

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

DecidedApril 13, 1954

StatusPublished

This text of 283 A.D. 859 (Sagorsky v. Malyon) 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

Sagorsky v. Malyon, 283 A.D. 859, 129 N.Y.S.2d 900, 1954 N.Y. App. Div. LEXIS 5535 (N.Y. Ct. App. 1954).

Pincite

Opinion

— Judgment reversed, with costs to the appellant; and judgment is directed to be entered in favor of the appellant dismissing the complaint herein, with costs. The verdict is against the weight of the evidence. The evidence leads inevitably to the conclusion that at the time of the theft there was not “ actually in or upon ” the vehicle in question “ a person whose sole duty it was to attend the vehicle ”. Present — Peck, P. J., Dore, Cohn, Bastow and Botein, JJ.; Cohn and Botein, J J., dissent and vote to affirm.

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— Judgment reversed, with costs to the appellant; and judgment is directed to be entered in favor of the appellant dismissing the complaint herein, with costs. The verdict is against the weight of the evidence. The evidence leads inevitably to the conclusion that at the time of the theft there was not “ actually in or upon ” the vehicle in question “ a person whose sole duty it was to attend the vehicle ”. Present — Peck, P. J., Dore, Cohn, Bastow and Botein, JJ.; Cohn and Botein, J J., dissent and vote to affirm.

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Bluebook (online)

283 A.D. 859, 129 N.Y.S.2d 900, 1954 N.Y. App. Div. LEXIS 5535, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sagorsky-v-malyon-nyappdiv-1954.