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KESTLER v. GOFFREDI

11 Misc.2d 871 (1958)

Otto C. Kestler, Appellant, v. Angela Goffredi, Respondent.

Supreme Court, Appellate Term, First Department.

February 6, 1958.

Attorney(s) appearing for the Case

Emery I. Nagy and Nathan Gross for appellant.

Richard J. McAnany and Harry D. Graham for respondent.

HECHT, J. P., AURELIO and TILZER, JJ., concur.

Per Curiam.

Plaintiff, by moving for a directed verdict, did not waive his right to have the jury determine issues of fact, notwithstanding that the defendant had also moved for a directed verdict and neither party reserved his right to go to the jury. (Civ. Prac. Act, § 457-a; McTiernan v. City of Little Falls, 284 App. Div. 79; Karlin v. Stuyvesant Press Corp., 146 N.Y.S.2d 294.)

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