GRAMZA v. GAJEWSKI


23 A.D.2d 817 (1965)

Richard Gramza et al., Appellants v. Henry Gajewski, Respondent

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

April 9, 1965


Judgment unanimously reversed on the law and facts and a new trial granted, with costs to the appellants to abide the event.

Memorandum:

This record presents several sharp conflicts in testimony which were quite properly submitted to the jury on the issue of credibility. The verdict should not be disturbed as being against the weight of evidence, as urged by appellants. Regretfully, the undue restriction by the court of testimony offered by appellants' physiotherapist...

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