Appellate Division of the Supreme Court of New York, 1964

Manoil v. Salvador

Manoil v. Salvador
Appellate Division of the Supreme Court of New York · Decided October 8, 1964
22 A.D.2d 652; 252 N.Y.S.2d 1022; 1964 N.Y. App. Div. LEXIS 3135
Manoil v. Salvador

Opinion of the Court

Judgment dismissing the complaint, entered on March 26, 1963, on a directed verdict, affirmed, with $50 costs to respondent. Concur — Rabin, J. P., Valente, Stevens and Staley, J J.; Steuer, J., dissents and would reverse and order a new trial on the ground that plaintiff was entitled to the best inference to be drawn from the testimony. In that view, sufficient was established to allow the jury to pass upon whether plaintiff was in fact defrauded.

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