Appellate Division of the Supreme Court of New York, 1952

Buxhoeveden v. Estonian State Bank

Buxhoeveden v. Estonian State Bank
Appellate Division of the Supreme Court of New York · Decided May 19, 1952
279 A.D. 1089; 112 N.Y.S.2d 785; 1952 N.Y. App. Div. LEXIS 5942
Buxhoeveden v. Estonian State Bank

Opinion of the Court

While we agree with the determination by the trial court that plaintiff’s Exhibit 1 is inadmissible and that plaintiff did not establish a prima facie case, we may not sustain the dismissal of the plaintiff’s complaint. *1090Not having renewed its motions to dismiss and for a directed verdict at the close of all the evidence, defendant bank did not preserve its right to move for such relief after a verdict had been received, pursuant to section 457-a, and the trial court erred in directing judgment in its favor. Nolan, P. J., Carswell, MacCrate and Schmidt, JJ., concur. [See 280 App. Div. 806.J

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