Legal Opinion
George C. Flint Co. v. Malevinsky
Appellate Terms of the Supreme Court of New York
Decided November 8, 1912Published
Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by the George C. Flint Company against Moses L. Malevinsky. From a judgment entered by direction of the court in plaintiff’s favor, defendant appeals.
1Per curiam
At the close of the trial in this case the defendant moved for a dismissal of the complaint. Upon this motion the court ruled as follows:
“I will reserve my decision, and I will allow the jury to pass upon the facts.’"
After the charge, the jury retired and rendered a verdict for the defendant. The plaintiff then moved to set aside the verdict, and, for the first time, also moved for a direction of a verdict in its favor. The court then said:
“I will reserve decision on the motion to set aside the verdict, and also on your motion to direct a verdict for the plaintiff. * * * ”
The jury was…
2Cases cited1 opinion
- Grogan v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1905