Freund v. Telmar Amusement Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order in so far as it dismisses the complaint and judgment entered thereon reversed on the law, motion to dismiss the complaint denied, and a new trial granted, costs to abide the event. The court had no power to dismiss the complaint after the rendering of the verdict where it had previously denied a motion to dismiss the complaint when both sides rested before the submission to the jury. (Griffith v. Southfield Beach Railroad Co., 240 App. Div. 845; Owens v. Jaller, Id. 856.) Young, Hagarty, Carswell, Seudder and Davis, JJ., concur.
2Cases cited1 opinion
- Griffith v. Southfield Beach RailroadAppellate Division of the Supreme Court of the State of New York · 1933
3Cited by2 opinions
- The Wheeling Lake Erie Ry. Co. v. RichterOhio Supreme Court · 1936
- The Wheeling Lake Erie Ry. Co. v. RichterOhio Supreme Court · 1936