Mastrofrancisco v. Mohawk Gas Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Angelo Mastrofrancisco, from an order of the Supreme Court, made at the Schenectady Trial Term and entered in the office of the clerk of the county of Schenectady on the 31st day of October, 1921, setting aside the verdict of the jury in favor of the plaintiff and granting a new trial. Order affirmed, with costs, on the opinion of Borst, J., at Trial Term.
1Opinion of the Court
The following is the opinion delivered at Trial Term:
Borst, J.:
Defendant moves for a new trial after verdict in favor of plaintiff. On a former trial plaintiff was nonsuited and the Appellate Division on appeal reversed without comment as to the grounds. (198 App. Div. 959.) On the present trial I submitted the case to the jury with the suggestion that the plaintiff and his wife owned the premises on which the alleged trespass was committed, as tenants by the entirety. The complaint alleges ownership of the property trespassed on in the plaintiff, which is denied in the answer. During the…
2Cases cited1 opinion
- Grosser v. . City of RochesterNew York Court of Appeals · 1896
3Cited by12 opinions
- Tuttle v. Everhot Heater Co.Michigan Supreme Court · 1933
- Chlystun v. KentAppellate Division of the Supreme Court of the State of New York · 1992
- MacFarland v. StateNew York Court of Claims · 1941
- Weichert v. O'NeillAppellate Division of the Supreme Court of the State of New York · 1997
- Leis v. ShaughnessyNew York Supreme Court · 1960
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