MUSCARI v. YARTON


276 A.D. 818 (1949)

Vincent Muscari, Respondent, v. Steve Yarton, Appellant

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

November 2, 1949.


Order reversed on the law and facts, with costs, and verdict of the jury reinstated.

Memorandum:

The setting aside of the verdict was improvident in that it did not appear that the preponderance of the evidence in favor of the plaintiff was so great that the jury could not have reached the conclusion it did upon any fair interpretation of the evidence. The finding of the jury was supported by sufficient evidence and should not have been disturbed. (Dashnau...

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