Legal Opinion
Kadelburg v. Hartford Accident & Indemnity Co.
Appellate Division of the Supreme Court of the State of New York
Decided March 23, 1928PublishedCited by 5 opinions
1Opinion of the CourtMcAvoy, J.
Judgment was entered in this cause dismissing the complaint after a trial of the issues. The judgment of dismissal was rendered after the court had at first found for the plaintiff, at that time reserving decision on defendant’s motion to set aside the finding and for a dismissal.
Apart from the question as to whether or not the court, sitting under a stipulation that it might direct a verdict as though a jury were actually present, may set -aside its own finding, we believe that the judgment was erroneous on the merits. The rule is that where the court sits alone in a common-law action and…
2Cases cited3 opinions
- Cornell v. Travelers' Insurance Co. of HartfordAppellate Division of the Supreme Court of the State of New York · 1907
- Cornell v. . Travelers' Insurance CompanyNew York Court of Appeals · 1908
- Swenson v. TrowbridgeAppellate Division of the Supreme Court of the State of New York · 1921
3Cited by5 opinions
- National Bank of Bay Ridge v. AlbersAppellate Division of the Supreme Court of the State of New York · 1935
- Durnin v. Ætna Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1930
- Speziale v. National Life InsuranceCourt of Appeals for the Second Circuit · 2005
- Traynor v. John Hancock Mutual Life Insurance Co. of BostonNew York Court of Appeals · 1937
- Smith v. Switzerland General Insurance Co. of ZurichCity of New York Municipal Court · 1933