VANDERHULE v. BERINSTEIN


284 A.D. 1089 (1954)

Myron Vanderhule et al., Appellants, v. Harry L. Berinstein et al., Doing Business as State Bowling Center, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 28, 1954.


A question has arisen as to the form of the order to be entered upon the court's decision herein. It appears that, after the coming in of the jury's verdict in favor of the plaintiffs, the trial court granted the defendants' motion to dismiss the complaint. The trial court's order was not embodied in a formal written order but was entered in the clerk's minutes pursuant to the court's direction. This order necessarily carried with it, by implication, a setting aside of the...

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