Shay v. Stacy

Appellate Division of the Supreme Court of New York

Shay v. Stacy

8 A.D.2d 990, 188 N.Y.S.2d 662, 1959 N.Y. App. Div. LEXIS 7638

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

DecidedJuly 9, 1959

StatusPublished

This text of 8 A.D.2d 990 (Shay v. Stacy) 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

Shay v. Stacy, 8 A.D.2d 990, 188 N.Y.S.2d 662, 1959 N.Y. App. Div. LEXIS 7638 (N.Y. Ct. App. 1959).

Pincite

Opinion

Judgment and order denying motion for a new trial reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: The verdict of the jury is against the weight of evidence. There are serious questions of admissibility of evidence under section 347 of the Civil Practice Act, which we do not reach in view of our holding that the verdict cannot stand in any event. All concur. (Appeal from a judgment and three orders of Oswego Trial Term for plaintiff on the first cause of action under implied contract and on a second cause of action in negligence. The orders denied motions (1) for a nonsuit, [991]*991(2) for a directed verdict and (3) for a new trial.) Present — McCurn, P. J., Kimball, Williams, Bastow and Halpern, JJ.

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Judgment and order denying motion for a new trial reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: The verdict of the jury is against the weight of evidence. There are serious questions of admissibility of evidence under section 347 of the Civil Practice Act, which we do not reach in view of our holding that the verdict cannot stand in any event. All concur. (Appeal from a judgment and three orders of Oswego Trial Term for plaintiff on the first cause of action under implied contract and on a second cause of action in negligence. The orders denied motions (1) for a nonsuit, [991]*991(2) for a directed verdict and (3) for a new trial.) Present — McCurn, P. J., Kimball, Williams, Bastow and Halpern, JJ.

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Bluebook (online)

8 A.D.2d 990, 188 N.Y.S.2d 662, 1959 N.Y. App. Div. LEXIS 7638, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shay-v-stacy-nyappdiv-1959.