Lo Piccolo v. Knight of Rest Products Corp.

Full title: CHARLES LO PICCOLO, Appellant, et al., Plaintiffs, v. KNIGHT OF REST…

Court: Court of Appeals of the State of New York

Date published: Jan 19, 1961

173 N.E.2d 51 (N.Y. 1961)

173 N.E.2d 51

212 N.Y.S.2d 75

Opinion

Argued November 18, 1960

Decided January 19, 1961

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HAROLD A. STEVENS, J.

Hyman Goldman and Frederick W. Scholem for appellant.

John G. Reilly and Harold V. McCoy for respondent.

Judgment affirmed, with costs. The jury's verdict in favor of defendant, absent a motion by plaintiff for a directed verdict, is upon this record conclusive against him; consequently, we need not here decide whether plaintiff had made out a prima facie case. No opinion.

Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.