Shmulewitz v. Cohen

Appellate Division of the Supreme Court of New York

Shmulewitz v. Cohen

243 A.D. 744

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

DecidedMarch 15, 1935

StatusPublished

This text of 243 A.D. 744 (Shmulewitz v. Cohen) 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

Shmulewitz v. Cohen, 243 A.D. 744 (N.Y. Ct. App. 1935).

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Opinion

Per Curiam.

We are of the opinion that the verdict of the jury in favor of the plaintiff against the defendants Brown and Cohen was against the weight of the evidence and that the court was justified in setting the verdict aside. The court, however, should have ordered a new trial instead of directing a verdict after the jury had been discharged. (Gabler v. Goldman Co., 215 App. Div. 333; Gilbert v. Finch, 72 id. 38; affd., 173 N. Y. 455.)

The judgment appealed from should be reversed and a new trial ordered as to all the defendants, with costs to the appellant against the defendants, respondents, to abide the event.

Present — Martin, P. J., Merrell, Townley, Glennon and Untermyer, JJ.

Judgment reversed and a new trial ordered as to all defendants, with costs to the appellant against the defendants, respondents, to abide the event.

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Per Curiam.

We are of the opinion that the verdict of the jury in favor of the plaintiff against the defendants Brown and Cohen was against the weight of the evidence and that the court was justified in setting the verdict aside. The court, however, should have ordered a new trial instead of directing a verdict after the jury had been discharged. (Gabler v. Goldman Co., 215 App. Div. 333; Gilbert v. Finch, 72 id. 38; affd., 173 N. Y. 455.)

The judgment appealed from should be reversed and a new trial ordered as to all the defendants, with costs to the appellant against the defendants, respondents, to abide the event.

Present — Martin, P. J., Merrell, Townley, Glennon and Untermyer, JJ.

Judgment reversed and a new trial ordered as to all defendants, with costs to the appellant against the defendants, respondents, to abide the event.

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Bluebook (online)

243 A.D. 744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shmulewitz-v-cohen-nyappdiv-1935.

Opinion

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