Hyperlawhypertext legal database Roth v. Insurance Co. of North America 49 A.D.2d 914

← Cases

Roth v. Insurance Co. of North America

49 A.D.2d 914 Court N.Y. App. Div. Decision date 1975-10-14 English

Contents

Majority

p. 914
Ruth Roth et al., as Executors of Charles Roth, Deceased, et al., Respondents, v Insurance Company of North America, Appellant.

In an action inter alia to recover a sum of money, defendant appeals (by permission) from an order of the Appellate Term, Ninth and Tenth Judicial Districts, dated January 7, 1975, which (1) reversed a judgment of the City Court, City of Yonkers, entered April 30, 1974, in favor of defendant upon the trial court’s dismissal of the complaint at the close of plaintiffs’ case, at a jury trial, and (2) ordered a new trial. Order affirmed, with costs, on the Per Curiam opinion at the Appellate Term. No questions of fact were presented of considered on the instant appeal. Hopkins, Acting P. J., Martuscello, Cohalan, Christ and Munder, JJ., concur.