Legal Opinion
De Vito v. Knettel
Appellate Terms of the Supreme Court of New York
Decided May 23, 1961PublishedCited by 1 opinion
1Per curiam
The purported verdict was recorded as follows: “ The jury believes there was negligence on both sides but the greater negligence was contributed by Mr. Knettel, therefore awarding Mr. De Vito the sum of $750.” The foregoing does not constitute a general verdict within the meaning of section 458 of the Civil Practice Act and the court should have directed the jury to return for further deliberation and bring in a proper verdict. (Conrey v. Metropolitan St. Ry. Co., 73 App. Div. 518; Swift v. Fairyland Park, 2 Misc 2d 155; Savko v. Brooklyn & Queens Tr. Corp., 166 Misc. 84, affd. App. Term, 2d…
2Cases cited6 opinions
- Klepper v. Seymour House Corp. of Ogdensburg, Inc.New York Court of Appeals · 1927
- Warner v. . New York Central R.R. Co.New York Court of Appeals · 1873
- Savko v. Brooklyn & Queens Transit Corp.City of New York Municipal Court · 1937
- Conrey v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Swift v. Fairyland Park, Inc.Appellate Terms of the Supreme Court of New York · 1956
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