Lasky v. Lissik

The court had a right, when the motion was made for a nonsuit, pending its decision on such motion, to submit the question of fact it considered remained in the case for a special verdict by the jury. (Greenpoint Nat. Bank v. Gilbert, 237 N. Y. 19; Novak v. Melnyk, 224 App. Div. 492.)

Whatever term may be applied to the instrument which is the foundation of the action, whether it be promissory note, agreement, covenant or contract, its execution, the fact that defendants received $900 at the time of its execution, and the provisions of the instrument, were not in dispute.

The plaintiff seeks to…