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Gartner v. Novick

113 N.Y.S. 479 Court N.Y. App. Term Decision date 1908-12-16 English

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p. 479
GARTNER v. NOVICK et al.
(Supreme Court, Appellate Term.
December 16, 1908.)

Headnote

Appeal and Error (§ 1013[1] )—'Verdict—Insufficiency of Evidence.
Where there is not sufficient evidence to warrant the damages awarded by the trial justice, the judgment will be reversed, and a new trial ordered.
[Ed. Note.—For other cases, see Appeal and Error, Cent. Dig. § 3993; Dec. Dig. § 1013.*]
Appeal from Municipal Court, Borough of Manhattan, Second District.
p. 480
Action by Morris Gartner against Louis Novick and another, composing the firm of Novick Bros. From a judgment for plaintiff, defendants appeal.
Reversed, and a new trial ordered.
Argued before GIEGERICH, HENDRICK, and FORD, JJ.
Abraham Henig (Max Silverstein, of counsel), for appellants.
Rosansky & Goldberg (Julius Rosansky, of counsel), for respondent.

There was not sufficient evidence to warrant the finding of damages in the sum of $140, which was the amount the trial justice awarded. The judgment should therefore be reversed and a new trial ordered, with costs to the appellant to abide the event.