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SHERMAN v. SMITH

23 A.D.2d 642 (1965)

Neil Sherman, an Infant, by His Guardian ad Litem, Gerald Sherman, et al., Respondents, v. Donald Smith, Appellant

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

March 9, 1965

Order, entered on July 3, 1964, setting aside verdict, unanimously reversed, on the facts and the law, and the verdict of the jury reinstated, with $30 costs and disbursements to the appellant.

After a verdict of the jury in an automobile collision case based on a persuasive interpretation of the facts, the trial court set it aside. The only grounds were that the court drew conclusions from some facts which differed from...

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