SPURLING v. S & M CATERERS, INC.


31 A.D.2d 660 (1968)

Mary Spurling, Appellant, v. S & M Caterers, Inc., Respondent

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

December 23, 1968


Order modified, on the law, by striking out all the decretal provisions therein other than that which set aside the verdict and by adding thereto a provision granting a new trial. As so modified, order affirmed, and judgment reversed, on the law, with costs to abide the event of the new trial. The findings of fact below are not affirmed.

In our opinion, the verdict was contrary to the weight of the evidence. However, the evidence was such as to entitle plaintiff to...

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