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DALTON v. CITY OF NEW YORK

283 A.D. 1104 (1954)

Edward Dalton, an Infant, by His Guardian ad Litem, Henry J. Dalton et al., Appellants, v. City of New York, Respondent

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

June 28, 1954.

Judgment reversed on the law and new trial granted, with costs to abide the event.

A verdict may be directed only when the trial court "would be required to set aside a contrary verdict for legal insufficiency of evidence". (Civ. Prac. Act, § 457-a, subd. 1; Loewinthan v. Le Vine, 299 N.Y. 372; Blum v. Fresh Grown Preserve Corp., 292 N.Y. 241.) According to evidence adduced on behalf of the plaintiffs,...

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