SCHLAKS v. SCHLAKS


17 A.D.2d 153 (1962)

Benjamin Schlaks, Appellant, v. Joseph Schlaks et al., Respondents

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

October 23, 1962.


Attorney(s) appearing for the Case

Samuel F. Berkon of counsel (Bernard Meyerson with him on the brief), for appellant.

Theodore Gilbert of counsel (Gilbert & Gilbert, attorneys), for respondents.

BOTEIN, P. J., RABIN, McNALLY and EAGER, JJ., concur.


BREITEL, J.

At the close of the entire case, defendants having rested without submitting any proof, the trial court granted defendants' motion for a directed verdict in their favor. Plaintiff appeals, urging that the issues should have been submitted to the jury.

The judgment in favor of defendants, based upon the direction of the verdict, should be affirmed. The trial court would have been required to...

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