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Gordon v. Lynch

111 N.Y.S. 1121 Court N.Y. App. Div. Decision date 1908-06-19 English

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p. 1121
GORDON et al. v. LYNCH.
(Supreme Court, Appellate Division, First Department.
June 19, 1908.)

Headnote

Appeal from Trial Term. Action by Morris J. Gordon and another against Fannie G. Lynch. From a judgment on a directed verdict, and an order denying a motion for a new trial, defendant appeals.
Reversed.
Charles M. Weeks, for appellant.
William D. Gaillard, for respondents.

We think that there was a question of fact presented which should have been left to the jury, and that the motion to that effect by the defendant was made in time. The judgment and order must be reversed, and new trial ordered, with costs to appellant to abide event.