Alberti v. . Heineman
New York Court of Appeals
The Court of Appeals has jurisdiction to review the propriety of an unanimous reversal by the Appellate Division of a judgment entéred upon an order of the court at a Trial Term setting aside a verdict in favor of plaintiff and granting a reserved motion by defendant for a dismissal of the complaint. Nor is scrutiny of the evidence by this court foreclosed as upon a unanimous affirmance.
Read the full summary
The Court of Appeals has jurisdiction to review the propriety of an unanimous reversal by the Appellate Division of a judgment entéred upon an order of the court at a Trial Term setting aside a verdict in favor of plaintiff and granting a reserved motion by defendant for a dismissal of the complaint. Nor is scrutiny of the evidence by this court foreclosed as upon a unanimous affirmance. (Deyo v. Hudson, 225 N. Y. 602, 610, 611, followed.) The record in an action to recover fo.r legal services rendered to a corporation, liability for which, it was alleged, defendant had assumed, examined, and…
1Per curiam
The plaintiff sues as the assignee of members of the bar to recover compensation for professional services. The services were rendered to a corporation, but the defendant is said to have made himself responsible for payment. The trial judge, reserving decision on a motion for the dismissal of the complaint, took the verdict of the jury, which was in favor of the plaintiff. The motion, thus reserved, was afterwards decided in favor of the defendant. On appeal to the Appellate Division that court unanimously reversed the judgment of dismissal, and adopting the verdict of the jury, gave judgment…
2Cases cited1 opinion
- Deyo v. . HudsonNew York Court of Appeals · 1919
3Cited by1 opinion
- Markiewicz v. ThompsonNew York Court of Appeals · 1927