Kestler v. Goffredi

Full title: OTTO C. KESTLER, Appellant, v. ANGELA GOFFREDI, Respondent

Court: Supreme Court, Appellate Term, First Department

Date published: Feb 6, 1958

11 Misc. 2d 871 (N.Y. App. Term 1958)

172 N.Y.S.2d 629

Opinion

February 6, 1958

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, ALEXANDER SALOTOLLO, J.

Emery I. Nagy and Nathan Gross for appellant.

Richard J. McAnany and Harry D. Graham for respondent.

Per Curiam.

Plaintiff, by moving for a directed verdict, did not waive his right to have the jury determine issues of fact, notwithstanding that the defendant had also moved for a directed verdict and neither party reserved his right to go to the jury. (Civ. Prac. Act, § 457-a; McTiernan v. City of Little Falls, 284 App. Div. 79; Karlin v. Stuyvesant Press Corp., 146 N.Y.S.2d 294.)

The judgment and order should be reversed and a new trial ordered, with $30 costs.

HECHT, J.P., AURELIO and TILZER, JJ., concur.

Judgment and order reversed, etc.