Appellate Terms of the Supreme Court of New York, 1958

Kestler v. Goffredi

Appellate Terms of the Supreme Court of New York · Decided February 6, 1958

11 Misc. 2d 871; 172 N.Y.S.2d 629; 1958 N.Y. Misc. LEXIS 3908

Counsel

Emery 1. Nagy and Nathan Gross for appellant., Richard J. MoAnany and Harry D. Graham for respondent.

Opinion of the Court

Per Curiam.

Plaintiff, by moving for a directed verdict, did not waive his right to have the jury determine issues of fact, notwithstanding that the defendant had also moved for a directed verdict and neither party reserved his right to go to the *872jury. (Civ. Prac. Act, § 457-a; McTiernan v. City of Little Falls, 284 App. Div. 79; Karlin v. Stuyvesant Press Corp., 146 N. Y. S. 2d 294.)

The judgment and order should be reversed and a new trial ordered, with $30 costs.

Hecht, J. P., Aurelio and Tilzer, JJ., concur.

Judgment and order reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.