GUTIN v. MASCALI & SONS


11 N.Y.2d 97 (1962)

Seymour Gutin, Appellant, v. Frank Mascali & Sons, Inc., Respondent.

Court of Appeals of the State of New York.

Decided March 1, 1962.


Attorney(s) appearing for the Case

Benjamin H. Siff and Jerome Edelman for appellant.

Richard J. Burke and James T. Whalen for respondent.

Judges DYE, FULD, VAN VOORHIS, BURKE and FOSTER concur with Chief Judge DESMOND; Judge FROESSEL dissents in an opinion.


Chief Judge DESMOND.

The Appellate Division determination which reverses a Trial Term order (Civ. Prac. Act, § 549) for a new trial in a personal injury action and reinstates the verdict for defendant is not subject to review by this court. Whether the Trial Justice set aside the no-cause verdict as against the weight of evidence or because of alleged improprieties (not objected to) in the defense summation...

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