Majority
p. 611Harold S. Clark, Appellant, v. George A. Reynolds, Respondent. Submitted February 24, 1941; decided March 4, 1941.
p. 612
Harold S. Clark, in person, for motion.
No one opposed.
Motion denied. The moving papers do not indicate that the plaintiff moved for a direction of a verdict or that the trial court erred in submitting questions of fact to the jury. Upon an appeal from an order of the Appellate Division reversing a judgment on the facts and granting a new trial, this court may consider only whether “ as matter of law on the evidence the plaintiff was entitled to judgment.” (Rockowitz C. & B. Corp. v. Madame X Co., 248 N. Y. 272 .)
Cases cited
- Rockowitz Corset & Brassiere Corp. v. Madame X Co. 248 N. Y. 272 p. 612