CARABOTT v. MAY


21 A.D.2d 824 (1964)

Carmen Carabott, Respondent, v. Otto May, Appellant, et al., Defendants

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

June 24, 1964


Judgment, insofar as appealed from, reversed on the law and the facts; action severed as against defendant May; and a new trial granted as between plaintiff and the said defendant, with costs to abide the event.

In our opinion the verdict is against the weight of the credible evidence. Evidence is lacking to show that the control and use of the vehicle in question for the 10 days from the time of sale until the time of the accident was not such that would or could...

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