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BRODERICK v. CAULDWELL-WINGATE CO., INC.

276 A.D. 776 (1949)

Timothy F. Broderick, Respondent, v. Cauldwell-Wingate Company, Inc., Appellant, and Chittenden Lumber Co., Inc., Respondent

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

November 21, 1949.

If the plaintiff's complaint herein were not dismissed as against defendant Cauldwell-Wingate Company, Inc., the judgment against that defendant would have been reversed and a new trial granted on the ground that the verdict of the jury was against the weight of the evidence. The judgment, insofar as it dismisses the cross complaint against defendant Chittenden Lumber Co., Inc., is unanimously affirmed, with costs against the defendant-appellant.

Nolan

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