De Cicco v. Schweizer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Joseph Schweizer, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 29th day of January, 1917, denying appellant’s motion to correct the case on appeal by . inserting an exception to the ruling of the trial judge directing a verdict for the plaintiff.
1Opinion of the Court
Smith, J.:
This'case was tried, before a jury. At the close of the evidence both sides moved for a directed verdict. The court took the papers and reserved decision, and afterwards directed a verdict for the plaintiff. In the brief submitted by. the defendant it was requested that an exception be granted if the decision were adverse to him. This was inadvertently omitted by the trial judge. Both sides appealed to this court without an exception in the record. This court modified the judgment in *680favor of the plaintiff (166 App. Div. 919). The defendant then appealed to the Court of Appeals, and…
2Cases cited3 opinions
- Milbank v. . JonesNew York Court of Appeals · 1894
- Waldo v. . SchmidtNew York Court of Appeals · 1910
- People Ex Rel. Hoffman v. . Board of EducationNew York Court of Appeals · 1894
3Cited by2 opinions
- People v. LuckmanAppellate Division of the Supreme Court of the State of New York · 1936
- People v. AurigemmaAppellate Division of the Supreme Court of the State of New York · 1961