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DAVIS v. CARISTO CONSTR. CORP.

19 A.D.2d 518 (1963)

Margaret Davis, as Administratrix of The Estate of Thomas Davis, Deceased, Appellant, v. Caristo Construction Corp., Respondent, et al., Defendants Caristo Construction Corp., Third-Party Plaintiff-Appellant, v. Artistic Bronze Tablet Co., Inc., Third-Party Defendant-Respondent. (Action No. 1.) Kenneth Tormey et al., Appellants, v. John Greene, Defendant, and Caristo Construction Corp., Respondent. John Greene, Third-Party Plaintiff, and Caristo Construction Corp., Third-Party Plaintiff-Appellant, v. Artistic Bronze Tablet Co., Inc., Third-Party Defendant-Respondent, and John Greene, Third-Party Defendant. (Action No. 2.)

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

May 14, 1963

MEMORANDUM BY THE COURT.

On the prior appeal in this case (13 A.D.2d 382) a divided court reversed a verdict in favor of the plaintiffs and ordered a new trial. Although motions had been made on the former trial to dismiss the complaint for insufficiency of proof and for a directed verdict for defendant, this court on appeal did not dismiss the complaint and did not grant an order directing such a verdict. It ordered a new trial...

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