DIPACE v. HERTZ CORP.


30 A.D.2d 515 (1968)

Louis Dipace, Plaintiff, v. Hertz Corp., Defendant Mary McSheffrey, as Administratrix of The Estate of John J. McSheffrey, Deceased, Respondent, v. Hertz Corporation, Appellant

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

May 14, 1968


Judgment, so far as appealed from, unanimously reversed, on the law and on the facts, and a new trial ordered, with $50 costs and disbursements to abide the event.

The verdict in plaintiff's favor is against the weight of the credible evidence. The receipt in evidence of plaintiff's Exhibit 2, moreover, a photocopy of a mechanic's report submitted in support of plaintiff's claim that a defective door was the proximate cause...

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