MATHEWS v. FOSTER


34 A.D.2d 958 (1970)

Margree Mathews, Also Known as Margree M. Taylor, et al., Respondents, v. Gilbert Foster et al., Appellants, et al., Defendant

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

June 1, 1970


Order reversed insofar as appealed from, with costs, plaintiffs' motion denied and jury verdict reinstated.

No claim is made that errors of law occurred at the trial or that prejudicial conduct improperly influenced the verdict. Under these circumstances and on the proof adduced, which indicated an issue of fact as to the negligence of appellants, it may not be held that the evidence preponderates so greatly in favor of plaintiffs as to establish that the jury's verdict...

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