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FISHKIN v. STEINBERG

5 N.J. Super. 271 (1949)

68 A.2d 840

MORRIS FISHKIN, PLAINTIFF-RESPONDENT, v. PAUL STEINBERG AND CHARLES LEVINE, INDIVIDUALLY AND TRADING AS STEINBERG & LEVINE, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided October 26, 1949.

Attorney(s) appearing for the Case

Mr. John F. Ryan argued the cause for appellants (Messrs. Ryan & Saros, attorneys).

Mr. Philip M. Lustbader argued the cause for respondent (Mr. George D. McLaughlin, attorney).

Before Judges McGEEHAN, COLIE and EASTWOOD.

PER CURIAM.

The defendants appeal from a judgment in favor of the plaintiff, entered in the Superior Court, Law Division, Union County, on the verdict of a jury. The sole ground of appeal is that the jury's verdict was against the weight of the evidence.

We are met at the outset by plaintiff's contention that the defendants are barred from taking an appeal on this ground by Rule 3:59-5, which provides...

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