Legal Opinion
Schlaks v. Schlaks
Appellate Division of the Supreme Court of the State of New York
Decided October 23, 1962PublishedCited by 2 opinions
1Opinion of the CourtBreitel, J.
At the close of the entire case, defendants having rested without submitting any proof, the trial court granted defendants’ motion for a directed verdict in their favor. Plaintiff appeals, urging that the issues should have been submitted to the jury.
The judgment in favor of defendants, based upon the direction of the verdict, should be affirmed. The trial court would have been required to set aside a contrary verdict for legal insufficiency of the evidence (Civ. Prac. Act, § 457-a, subd. 1).
The action was in negligence for personal injuries sustained by plaintiff. Defendants were husband and…
2Cases cited5 opinions
- Vaughan v. . Transit Development Co.New York Court of Appeals · 1917
- Higgins v. MasonNew York Court of Appeals · 1930
- Curren v. O'ConnorNew York Court of Appeals · 1952
- Faber v. MeilerAppellate Division of the Supreme Court of the State of New York · 1951
- Krause v. AlperNew York Supreme Court · 1957
3Cited by2 opinions
- Dietrich v. OhrumAppellate Division of the Supreme Court of the State of New York · 1991
- Dreyer v. Tishman Realty & Construction Co.Appellate Division of the Supreme Court of the State of New York · 1976