Legal Opinion
Joseph L. W v. Rose G. B
Appellate Terms of the Supreme Court of New York
Decided December 23, 1958PublishedCited by 3 opinions
1Opinion of the CourtJames S. Brown, J.
Plaintiff appeals from a judgment in defendants’ favor entered upon a nonsuit directed at the close of the plaintiff’s case. Since the judgment was so directed it is elementary that upon this appeal the evidence adduced by the plaintiff must be considered in the light most favorable to him and that he be accorded the benefit of every favorable inference which could be drawn therefrom (Philpot v. Brooklyn Baseball Club, 303 N. Y. 116). With this fundamental principle as a guide it may be said that the record establishes the following facts and inferences:
Defendants Joseph J. C-and May E. C-…
2Cases cited9 opinions
- Amend v. HurleyNew York Court of Appeals · 1944
- Kirkbride v. Van NoteNew York Court of Appeals · 1937
- Donovan v. Aeolian Co.New York Court of Appeals · 1936
- Noved Realty Corp. v. A. A. P. Co.Appellate Division of the Supreme Court of the State of New York · 1937
- Peoples' Bank of City of New York v. . BogartNew York Court of Appeals · 1880
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3Cited by3 opinions
- Hunt v. Mobil Oil Corp.District Court, S.D. New York · 1978
- Gaines Service Leasing Corp. v. Carmel Plastic Corp.Civil Court of the City of New York · 1980
- Stimmel v. StimmelAppellate Division of the Supreme Court of the State of New York · 1990