Kress v. Siegel
| Decision Date | 25 June 1962 |
| Citation | 16 A.D.2d 978,230 N.Y.S.2d 101 |
| Parties | Hermas KRESS, individually and as guardian ad litem of Rennee Kress, an infant, Appellants, v. Milton SIEGEL, individually and as guardian ad litem of Carole Siegel, an infant, Respondents. |
| Court | New York Supreme Court — Appellate Division |
Marcus, Schenkman & Neiman, New York City, for appellants; Boris Marcus, New York City, of counsel.
Albert P. Thill, Brooklyn, for respondents; John Nielsen, New York City, of counsel.
Before BELDOCK, P. J., and BRENNAN, HILL, RABIN and HOPKINS, JJ.
MEMORANDUM BY THE COURT.
In an action to recover damages for personal injuries, medical expenses and loss of services, plaintiff appeals: (1) from a judgment of the Supreme Court, Westchester County, entered July 6, 1961 on a jury's verdict in favor of defendants, after trial; (2) from an order denying plaintiff's motion for a directed verdict in their favor; and (3) from an order denying their motion to set aside the verdict as against the weight of the evidence and for a new trial.
Judgment reversed, on the law and the facts, and a new trial ordered, with costs to plaintiff to abide the event.
It is undisputed that the infant plaintiff was injured while she was a passenger in an automobile, owned by defendant Milton Siegel and operated by his daughter, the infant defendant Carole Siegel; and that the accident occurred while Carole was reaching for a cigarette lighter, causing her to lose control of the automobile and resulting in the automobile going off the road and colliding with a telephone pole.
In view of these undisputed facts, it is our opinion that the verdict in defendants' favor was against the weight of the credible evidence.
Appeal from the Trial Court's rulings (incorrectly designated as 'orders' in the notice of appeal), dismissed, without costs. Such rulings have been reviewed on the appeal from the judgment. In any event, no orders are printed in the record. In the absence of a formal order, a separate appeal does not lie from the denial of a motion to set aside a verdict (McVay v. Board of Educ. of City of N. Y., 10 A.D.2d 705, 197 N.Y.S.2d 797; Civil Practice Act, § 549); and, whether or not a formal order has been entered, a separate appeal does not lie from the denial of a motion for a directed verdict made after rendition of the verdict (Waters v. Collins, 5 A.D.2d 358, 362, 171 N.Y.S.2d 1020, 1023; 9 Carmody-Wait, New York Practice, pp. 508-509; and see Le Glaire v. New...
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