Gerard v. Empire Square Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Empire Square Realty Company and others, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Suffolk on the 11th day of March, 1920, and also from an order entered in said clerk’s office on the 22d day of March, 1920, denying defendants’ motion to set aside the verdict and for a new trial made upon the minutes. The action is to recover damages for breach of a contract of employment.
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Appeal by the defendants, Empire Square Realty Company and others, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Suffolk on the 11th day of March, 1920, and also from an order entered in said clerk’s office on the 22d day of March, 1920, denying defendants’ motion to set aside the verdict and for a new trial made upon the minutes. The action is to recover damages for breach of a contract of employment. The case was brought to trial before the court and a jury, and at the end of the trial the court, over the objection and…
1Opinion of the Court
Blackmar, J.:
At the close of the evidence the defendants moved to dismiss the complaint, and the plaintiffs moved for direction of a verdict. The court announced the direction of a verdict for the plaintiffs, whereupon the defendants asked to go to the jury on the issues whether a contract was made, whether the plaintiffs had performed, and upon the amount of damages. The court entertained the motion and denied it, and the defendants duly excepted to the direction of the verdict. This exception presents the question of law whether there were such questions of fact in the case as entitled the…
2Cases cited12 opinions
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- Baldwin v. CanfieldSupreme Court of Minnesota · 1879
- Oakes v. Cattaraugus Water Co.New York Court of Appeals · 1894
- I. Townsend Burden v. BurdenNew York Court of Appeals · 1899
- Catholic Foreign Mission Society of America v. OussaniNew York Court of Appeals · 1915
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3Cited by16 opinions
- Bahar v. SchwartzreichAppellate Division of the Supreme Court of the State of New York · 1994
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- Leslie, Semple & Garrison, Inc. v. Gavit & Co.Appellate Division of the Supreme Court of the State of New York · 1981
- Doehler v. Real Estate Board of New York Building Co.New York Supreme Court · 1934
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