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HOLPP v. CARAFA

8 A.D.2d 617 (1959)

Emily A. Holpp, Respondent, v. Edward F. Carafa, Appellant

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

April 6, 1959

Order reversed, with costs, motion denied, and verdict reinstated.

By failing to move for a directed verdict, respondent conceded that there were questions of fact to be determined by the jury (Kluttz v. Citron, 2 N.Y.2d 379, 382). The case was submitted to the jury with a charge to which respondent took no exception, and it does not appear from the record that the jury could not have reached the conclusion which they did...

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