Neumann v. Kurek

Frank W. Harris,

for the defendant Figge & Hutwelker Co. Pécora, J. This is an application by the plaintiffs in an action to recover damages for breach of warranty, (1) to strike out as void a judgment for costs entered in favor of the defendant Kurek; (2) to declare the jury’s verdict a nullity, and (3) to direct a retrial of the issues. The motion is made “ upon the sole ground that the said purported verdict and the judgment entered thereon is contrary to and violative of section 2 of article 1 of the Constitution of the State of New York and section 463-a of the Civil Practice Act, and…