Legal Opinion

United States Trust Co. v. Blake

Appellate Division of the Supreme Court of the State of New York

Decided March 4, 1921Published

Motion by plaintiffs, United States Trust Company of New York and another, as trustees, etc., for a new trial on a case containing exceptions, ordered to be heard at the Appellate Division, First Department, in the first instance, after the plaintiffs were nonsuited, and their motion made at the close of the case for a directed verdict was denied, on a trial before the court and a jury at the New York Trial Term in February, 1920.

1Opinion of the Court

Merrell, J.:

• This case comes to this court upon an order of the court at Trial Term directing that the exceptions of the plaintiffs to the rulings of the trial court taken upon the trial and to the nonsuit and dismissal of plaintiffs’ complaint and to the denial of plaintiffs’ motion for the direction of a verdict in plaintiffs’ favor, be heard in the first instance by this court under and pursuant to section 1000 of the Code of Civil Procedure.

The action was brought by the plaintiffs, as owners of an *291apartment house known as the Schuyler Hotel, at 57-63 West Forty-fifth street, in the…

2Cases cited2 opinions

  1. Claim of Aylesworth v. Phœnix Cheese Co.Appellate Division of the Supreme Court of the State of New York · 1915
  2. Browning v. AdamsonAppellate Division of the Supreme Court of the State of New York · 1916

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