PESSEL v. 2074 WALLACE CORP.


280 A.D. 922 (1952)

Helen Pessel et al., Appellants, v. 2074 Wallace Corporation, Respondent

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

October 21, 1952.


Judgment dismissing the complaint and order setting aside the verdict of the jury and dismissing the complaint unanimously reversed and a new trial ordered, with costs to appellants to abide the event.

There were issues of fact as to defendant's negligence and plaintiff Helen Pessel's freedom from contributory negligence. The Trial Justice would have been justified in setting aside the judgment on the ground that the jury's verdict was contrary to the weight of the...

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