ZUCKERMAN v. ROSETTI


41 A.D.2d 571 (1973)

Jack Zuckerman, Respondent, et al., Plaintiff, v. Thomas E. Rosetti, as Police Property Clerk of The City of New York, Respondent. Yankee Plastics, Inc., Intervenor-Appellant

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

January 29, 1973


Judgment reversed, on the law, and new trial granted, with costs to abide the event.

The appeal did not present questions of fact. In our opinion substantial questions of fact were presented as to the ownership of the shares of stock and therefore it was error to direct a verdict as a matter of law. Upon the new trial, Ralph Rapp and Distillers International should be permitted to intervene as party plaintiffs if they...

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