Times Square Improvement Co. v. Fleischmann Vienna Model Bakery, Inc.
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Times Square Improvement Company, Inc., for judgment upon a verdict rendered in March, 1916, subject to the opinion of the court after a trial in the City Court of the City of New York, Part 3, or in the alternative for a new trial upon a case containing exceptions ordered to be heard at the Appellate Division in the first instance.
1Opinion of the Court
Davis, J.:
This action was tried in the City Court of the City of New York before a jury. With the consent of counsel the court submitted two questions for the determination of the jury, the counsel agreeing that after the jury had made its findings upon the two specific questions submitted to it, the court should direct a verdict subject to the opinion of the court. The court directed a verdict for the plaintiff for the sum of $297.50; that is, for $1,750 and interest less the amount of defendant’s counterclaim, subject .to the opinion of the court, and accordingly the jury rendered that…
2Cases cited5 opinions
- Parish v. . BairdNew York Court of Appeals · 1899
- Gormly v. SmithAppellate Division of the Supreme Court of the State of New York · 1914
- In re Brooklyn Union Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- Hoffman v. . MurrayNew York Court of Appeals · 1916
- Hoffman v. MurrayAppellate Division of the Supreme Court of the State of New York · 1913
3Cited by6 opinions
- Broadway-Spring Street Corp. v. Jack Berens Export Corp.City of New York Municipal Court · 1958
- Harfried Realty Co. v. Spuyten Amusement Corp.City of New York Municipal Court · 1933
- Telesca v. M. L. Bruenn Co.New Rochelle City Court · 1972
- Commercial Tenant Services, Inc. v. Penske Business Media, LLCDistrict Court, S.D. New York · 2022
- Fifth Avenue Building Co. v. KernochanAppellate Division of the Supreme Court of the State of New York · 1917
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