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Washington Finance Corp. v. Samuels

224 A.D. 672 Court N.Y. App. Div. English

Contents

Majority

p. 672
Washington 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.