HANSBERG v. WIDMAYER


18 Misc.2d 240 (1959)

Morris Hansberg et al., Appellants, v. Eleanor Widmayer, Respondent, et al., Defendant.

Supreme Court, Appellate Term, Second Department.

June 16, 1959.


Attorney(s) appearing for the Case

Joseph P. Axler for appellants.

Garvey & Conway (Donald E. Byrne of counsel), for respondent.

Concur — PETTE, HART and BROWN, JJ.


Per Curiam.

The jury's verdict was against the weight of the credible evidence (Coleman v. Frank, 80 N. Y. S. 2d, affd. 274 App. Div. 796). Additionally, the references by the defendant's counsel to workmen's compensation were prejudicial to the plaintiffs' case. (Posnick v. Crystal, 181 App. Div. 660; Regan v. Frontier Elevator & Mill Co., 211 App. Div. 164.)

The judgment should be unanimously reversed on the law and facts...

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