Gullian v. Austin R. Newcombe & Co.

This is an appeal from a judgment of the Supreme Court, Ulster County, dismissing the complaint.

At the end of the plaintiffs’ case, defendant moved for judgment dismissing the complaint and, again, at the conclusion of all the testimony, renewed its motion and additionally moved for a directed verdict. Upon each occasion, the court reserved decision;

Because of certain improprieties during appellants’ summation to the jury, respondent’s motion for the withdrawal of a juror was granted and the court thereafter determined the motion upon which he had reserved decision, in favor of respondent.

The…