Lo Piccolo v. Knight of Rest Products Corp. — 9 N.Y.2d 662

Majority

p. 662

Charles Lo Piccolo, Appellant, et al., Plaintiffs, v. Knight of Rest Products Corporation, Respondent.

Argued November 18, 1960;

decided January 19, 1961.

p. 663

Hyman Goldman and Frederick W. Scholem for appellant.

John G. Reilly and Harold V. McCoy for respondent.

Judgment affirmed, with costs. The jury’s verdict in favor of defendant, absent a motion by plaintiff for a directed verdict,

p. 664

is upon this record conclusive against him; consequently, we need not here decide whether plaintiff had made out a prima facie case. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.