BENNETT EXCAVATORS CORP. v. LASKER-GOLDMAN CORP.


21 A.D.2d 877 (1964)

Bennett Excavators Corp., Respondent, v. Lasker-Goldman Corporation, Defendant and Third-Party Plaintiff-Appellant, and Standard Accident Insurance Company, Third-Party Defendant-Respondent Standard Accident Insurance Company, Third-Party Plaintiff-Respondent, v. James V. Bennett et al., Third-Party Defendants-Respondents

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

July 1, 1964


Judgment reversed on the law and the facts; complaint dismissed on the law; action severed as to the counterclaim, the cross claim and the third-party complaints; and new trial granted as to all the issues raised by the pleadings in response to such counterclaim, cross claim and third-party complaints, with costs to abide the event.

We find no evidence in the record to support the jury's verdict. In the interests of justice a new trial is granted with respect to the...

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