Majority
p. 672Washington Finance Corporation, Respondent, v. Manheim S. Samuels, Appellant.
Judgment reversed upon the law and a new trial granted, costs to abide the event. It was error to refuse to grant the defendant’s request to submit the questions of fact to the jury. Defendant’s motion for a direction of a verdict
p. 673
did not bar his receding from that motion and requesting a submission of the question of fact to the jury. (Happel v. Lehigh Valley Railroad Co., 210 App. Div. 461 ; Scott v. Empire State Degree of Honor, 204 id. 530 ; Kinner v. Whipple, 198 N. Y. 585 ; Brown Paint Co. v. Reinhardt, 210 id. 162.) Lazansky, P. J., Young, Hagarty, Seeger and Carswell, JJ., concur.