Appellate Terms of the Supreme Court of New York, 1934

Happy Service Garage Corp. v. Magnante

Happy Service Garage Corp. v. Magnante
Appellate Terms of the Supreme Court of New York · Decided March 22, 1934
150 Misc. 901; 270 N.Y.S. 541; 1934 N.Y. Misc. LEXIS 1183

Counsel

Anderson, Moss & Merrell [Harry G. Anderson of counsel], for the appellant., Samuel Mazzola, for the respondent.

Happy Service Garage Corp. v. Magnante

Opinion of the Court

Per Curiam.

After the discharge of the jury and the entry of a judgment upon a verdict directed for plaintiff the court was without power to vacate that judgment and direct a verdict for the defendant. In any event the evidence sustains plaintiff’s verdict.

Judgment reversed, with thirty dollars costs, and judgment for plaintiff reinstated.

Appeal from order dismissed.

All concur; present, Hammer, Callahan and Frankenthaler, JJ.

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