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DA PRANO v. TOWN OF NEW HARTFORD

24 A.D.2d 547 (1965)

Gloria E. Da Prano, as Administratrix of The Estate of Louis Da Prano, Deceased, Respondent, v. Town of New Hartford, Defendant, and County of Oneida, New York, Appellant

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

June 25, 1965

Judgment unanimously reversed on the law and facts and a new trial granted, without costs of this appeal to any party.

Memorandum:

The finding implicit in the verdict of the jury that plaintiff's intestate was free from contributory negligence and that the county was negligent is against the weight of the credible evidence. The proof upon the trial was that the point of beginning of the curve was within the City...

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