Panella v. Trustees of St. Patrick's Cathedral

In an action to recover damages for personal injury allegedly caused by defendant’s negligence, the defendant appeals from an order of the Supreme Court, Queens County, dated February 15, 1963, which denied its motion, made upon the jury’s disagreement after trial, for a directed verdict, pursuant to section 457-a of the former Civil Practice Act. Order reversed on the law, with costs; defendant’s motion for a directed verdict in its favor granted; and complaint dismissed. The proof does not present any issue of fact, and no such issue was considered. Plaintiff testified that she was caused…