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LO PICCOLO v. KNIGHT OF REST PRODS. CORP.

7 A.D.2d 369 (1959)

Charles Lo Piccolo, Respondent, et al., Plaintiffs, v. Knight of Rest Products Corporation, Appellant

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

March 17, 1959.

Attorney(s) appearing for the Case

John G. Reilly of counsel (Harold V. McCoy with him on the brief; Reilly & Reilly, attorneys), for appellant.

Frederick W. Scholem of counsel (Hyman Goldman with him on the brief; Frederick W. Scholem, attorney), for respondent.

RABIN, J., concurs with BREITEL, J.; BOTEIN, P. J., concurs in result in opinion; BERGAN, J., dissents in opinion in which McNALLY, J., concurs.

BREITEL, J.

In a personal injury negligence action the jury returned a verdict for defendant. On motion, the trial court set the verdict aside as contrary to the weight of the credible evidence. Defendant appeals, urging that plaintiff failed to make out a prima facie case under the rule in Galbraith v. Busch (267 N.Y. 230), and that, in any event, the verdict should not have been set aside, as the jury...

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