Wagner Trading Co. v. Tony Walker Retail Management Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from a judgment of Supreme Court, Erie County (Fahey, J.), entered June 27, 2002, upon a jury verdict rendered in favor of plaintiff.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed in the interest of justice without costs and a new trial is granted in accordance with the following memorandum: Addressing first the judgment entered against defendants in appeal No. 2, we agree with defendants that the judgment must be reversed and a new trial granted because Supreme Court’s charge to the jury was fundamentally flawed.
Following the…
2Cases cited9 opinions
- Channel Master Corp. v. Aluminium Limited Sales, Inc.New York Court of Appeals · 1958
- Kenford Co. v. County of ErieNew York Court of Appeals · 1989
- Graubard Mollen Dannett & Horowitz v. MoskovitzNew York Court of Appeals · 1995
- Teller v. Bill Hayes, Ltd.Appellate Division of the Supreme Court of the State of New York · 1995
- Marine Midland Bank, N.A. v. Hallman's Budget Rent-A-Car of Rochester, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Colello v. ColelloAppellate Division of the Supreme Court of the State of New York · 2004
- Fitzpatrick & Weller, Inc. v. MillerAppellate Division of the Supreme Court of the State of New York · 2005
- Maiorani v. Adesa Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Abacus, a Division of Doubleclick, Inc. v. Datagence, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Beck v. Spinner's Recreational Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
1 more not listed; retrieve them via the Exa API.