O'BRIEN v. ROSENTHAL


35 A.D.2d 960 (1970)

Thomas F. O'Brien et al., Respondents, v. Ralph Rosenthal et al., Appellants

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

December 7, 1970


Order reversed, with costs, motion denied and verdict reinstated.

The trial court set aside the verdict after a "review of the testimony of defendant driver and of the photographs in evidence" as against the weight of the evidence. Upon a review of the record before us, we are of the opinion that the jury's interpretation of the photographs, coupled with the parties' conflicting versions of the happening or causation of the accident, created questions of fact...

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