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Rayner v. Easton

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 1, 1932
235 App. Div. 654 (N.Y. App. Div. 1932)

Opinion

January, 1932.

Present — Sears, P.J., Crouch, Taylor, Edgcomb and Crosby, JJ.


Judgment and order affirmed, with costs. Both at the end of plaintiff's case and when all the evidence was in plaintiff moved for a nonsuit. In each instance the learned trial court reserved decision over defendant's objections and exceptions. No ruling was made upon these motions until after a general verdict had been rendered, when an order was entered denying them. The jury was not asked to render a special verdict pursuant to section 459 of the Civil Practice Act. While we do not find that defendant has been sufficiently aggrieved to warrant the granting of a new trial, we disapprove the trial practice mentioned as being unauthorized. ( Russell v. Rhinehart, 137 App. Div. 843, 847.) All concur.


Summaries of

Rayner v. Easton

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 1, 1932
235 App. Div. 654 (N.Y. App. Div. 1932)
Case details for

Rayner v. Easton

Case Details

Full title:GERTRUDE RAYNER, as Administratrix, etc., of EDWARD A. RAYNER, Deceased…

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

Date published: Jan 1, 1932

Citations

235 App. Div. 654 (N.Y. App. Div. 1932)