Zuckerman v. Rosetti

Appellate Division of the Supreme Court of New York

Zuckerman v. Rosetti

41 A.D.2d 571, 340 N.Y.S.2d 392, 1973 N.Y. App. Div. LEXIS 5240

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

DecidedJanuary 29, 1973

StatusPublished

This text of 41 A.D.2d 571 (Zuckerman v. Rosetti) 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

Zuckerman v. Rosetti, 41 A.D.2d 571, 340 N.Y.S.2d 392, 1973 N.Y. App. Div. LEXIS 5240 (N.Y. Ct. App. 1973).

Pincite

Opinion

In a consolidated action to recover certain certificates of corporate stock, defendant-intervenor Yankee Plastics, Inc., appeals from a judgment of the Supreme Court, Queens County, entered February 15, 1972, in favor of plaintiff Zuckerman, upon a directed verdict. Judgment reversed, on the law, and new trial granted, with costs to abide the event. The appeal did not present questions of fact. In our opinion substantial questions of fact were presented as to the ownership of the shares of stock and therefore it was error to direct a verdict as a matter of law. Upon the new trial, Ralph Rapp and Distillers International should be permitted to intervene as party plaintiffs if they be so advised. Hopkins, Acting P. J., Munder, Christ, Brennan and Benjamin, JJ., concur.

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In a consolidated action to recover certain certificates of corporate stock, defendant-intervenor Yankee Plastics, Inc., appeals from a judgment of the Supreme Court, Queens County, entered February 15, 1972, in favor of plaintiff Zuckerman, upon a directed verdict. Judgment reversed, on the law, and new trial granted, with costs to abide the event. The appeal did not present questions of fact. In our opinion substantial questions of fact were presented as to the ownership of the shares of stock and therefore it was error to direct a verdict as a matter of law. Upon the new trial, Ralph Rapp and Distillers International should be permitted to intervene as party plaintiffs if they be so advised. Hopkins, Acting P. J., Munder, Christ, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

41 A.D.2d 571, 340 N.Y.S.2d 392, 1973 N.Y. App. Div. LEXIS 5240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zuckerman-v-rosetti-nyappdiv-1973.