FAIRLEY v. STUBENDER


26 A.D.2d 914 (1966)

John D. Fairley, as Administrator of The Estate of Dewey Fairley, Deceased, et al., Appellants, v. George Stubender et al., Respondents

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

November 3, 1966


Judgment entered April 7, 1965, unanimously modified, on the law and the facts, to the extent of granting a new trial, and as so modified the judgment is affirmed, with $50 costs and disbursements to abide the event.

The trial court was correct in setting aside the verdict of the jury in favor of the plaintiffs. However, the complaint should not have been dismissed. Upon the plaintiffs' version of the facts it cannot be said as a matter of law that the defendants...

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