Pivovarsky v. Pivovarsky

Full title: HYMAN J. PIVOVARSKY, Appellant, v. EVELYN PIVOVARSKY, Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 4, 1943

266 App. Div. 825 (N.Y. App. Div. 1943)

Opinion

June 4, 1943.

Present — Martin, P.J., Townley, Dore, Cohn and Callahan, JJ.

The answers by the jury to the framed issues were inconsistent, as well as contrary to the weight of the evidence. Judgment and orders unanimously reversed and a new trial ordered. Before the new trial is had the issues should be reframed so as to clarify them and eliminate ambiguity. Settle order on notice.