Legal Opinion

Krakower v. Davis

Appellate Terms of the Supreme Court of New York

Decided May 15, 1897PublishedCited by 6 opinions

Appeal from order made -by the justice of the Second Judicial District Court, granting a new trial upon return of a verdict, in favor of the plaintiff, upon the ground that such verdict was against the weight of evidence. (

1Opinion of the CourtBischoff, J.

The plaintiff’s claim was for commissions .earned in a transaction involving the sale of certain real estate, owned by the defendants as tenants in common, and the trial resulted in a verdict in his favor “ for one-eighth of the commission claimed.”

This verdict was set aside, at the time of its rendition, and a new trial was ordered, from which order the defendant Levy, the sole litigating defendant, appeals.

By virtue of the provisions of chapter 748 of the Laws of 1896, the justice had power to set aside the verdict upon any of the grounds specified in section 999 of the Code of Civil…

2Cases cited4 opinions

  1. Matter of the Application of Cooper, Etc.New York Court of Appeals · 1883
  2. Ferguson v. GillNew York Supreme Court · 1893
  3. Mayor of New York v. LyonsNew York Court of Common Pleas · 1863
  4. Grening v. MalcomNew York Supreme Court · 1894

3Cited by6 opinions

  1. Fallon v. CrocicchiaAppellate Terms of the Supreme Court of New York · 1907
  2. H. B. Scharmann & Sons v. BardAppellate Division of the Supreme Court of the State of New York · 1901
  3. O'Gorman v. TeetsAppellate Terms of the Supreme Court of New York · 1897
  4. People v. McDermott Dairy Co.Appellate Terms of the Supreme Court of New York · 1915
  5. Scarangello v. PacioneAppellate Terms of the Supreme Court of New York · 1911

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