Metz v. Woodward-Brown Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Otto Metz, from an- order of the Supreme Court, made at the Queens County Trial Term and entered in the office of the clerk of the county of Queens on the 23d day of May, 1917, granting defendant’s motion to set aside a verdict in plaintiff’s favor for $10,850 and granting a new trial. Appeal by the defendant from so much of said order as denies its motion to dismiss the complaint made at the close of the trial.
1Opinion of the Court
Kelly, J.:
We have no difficulty in affirming the order of the learned trial justice, which set aside the verdict for the plaintiff; the granting or refusing of a new trial on the minutes was *61largely a matter resting in his discretion. (Barrett v. Third Ave. R. R. Co., 45 N. Y. 628; Lund v. Spencer, 42 App. Div. 543; Lawrence v. Wilson, 86 id. 472.) The plaintiff was the only witness called to substantiate his claim, he was sharply contradicted and we cannot find in the record any evidence that he was ‘ the procuring cause for the establishment or location of the public park in Astoria. During…
2Cases cited8 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Hazelton v. SheckellsSupreme Court of the United States · 1906
- Chesebrough v. . ConoverNew York Court of Appeals · 1893
- Clippinger v. HepbaughSupreme Court of Pennsylvania · 1843
- Lyon v. . MitchellNew York Court of Appeals · 1867
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3Cited by5 opinions
- American Store Equipment & Construction Corp. v. Jack Dempsey's Punch Bowl, Inc.New York Supreme Court · 1939
- United States v. KriegerDistrict Court, S.D. New York · 1991
- Zandell v. ZerbeCivil Court of the City of New York · 1988
- Marshall-Schule Associates, Inc. v. GoldmanCivil Court of the City of New York · 1987
- St. John v. CrockerNew York Supreme Court · 1935