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MILES v. R & M APPLIANCE SALES, INC.

30 A.D.2d 979 (1968)

Janie Miles, Respondent, v. R & M Appliance Sales, Inc., Defendant-Appellant and Third-Party Plaintiff. Rondel Television Service Company, Third-Party Defendant

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

October 28, 1968

Reversed, on the law and the facts, without costs, and complaint dismissed.

The proof introduced by appellant overcame any favorable inferences which could reasonably be adduced from plaintiff's testimony. (See our prior decision [Miles v. R & M Appliance Sales, 27 A.D.2d 857].) In the absence of such inferences there is no evidence before us which can support a verdict on behalf of plaintiff. Appeal from order of said...

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