MATHEWS v. CHILI AVE. GARAGE


37 Misc.2d 609 (1962)

Mary A. Mathews, Plaintiff, v. Chili Avenue Garage, Incorporated, Defendant.

Supreme Court, Trial Term, Monroe County.

March 26, 1962


Attorney(s) appearing for the Case

Fix & Spindelman (Meyer Fix of counsel), for defendant. Bernstein & Bernstein (Richard A. Bernstein of counsel), for plaintiff.


G. ROBERT WITMER, J.

Defendant has moved to set aside the jury's verdict in the sum of $38,500 and for dismissal of the complaint or for a new trial, upon several grounds, to wit: (1) that there is no evidence of negligence on the part of the defendant, (2) that the court erred in excluding a history of the accident contained in the hospital record, (3) that the court erred in its charge and submission of the...

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