WARREN v. TRAUB


280 A.D. 962 (1952)

Alois P. Warren, Appellant, v. Bea Traub, Respondent, et al., Defendants

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

November 5, 1952.


Per Curiam.

The verdict of the jury for defendant upon plaintiff's claim for professional services rendered was warranted by the evidence and should not be disturbed.

Defendant's counterclaim was predicated on a charge of malpractice with respect to the asserted negligent performance by plaintiff of the services rendered. The trial court erred, however, in refusing a request to charge the jury that the burden of proof was upon defendant to establish...

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