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GRECK v. NEW YORK CENT. R.R. CO.

21 A.D.2d 776 (1964)

Norma Greck, as Administratrix of The Estate of David J. Greck, Deceased, Respondent, et al., Plaintiffs, v. New York Central Railroad Company, Appellant

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

June 23, 1964

Judgment reversed on the law and on the facts and a new trial ordered, with costs to appellant to abide the event.

We find the verdict, particularly as to contributory negligence, to be against the weight of the credible evidence and the amount of the verdict to be grossly excessive. Plaintiff's intestate met his death at a railroad crossing at Fuller Road, near Albany. He was proceeding to cross the tracks in his automobile...

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