CARCIOFOLO v. U. S. FIRE INS. CO.


38 A.D.2d 672 (1971)

Peter Carciofolo, Individually and Doing Business as Carr Upholstering Shop, Respondent, v. U. S. Fire Insurance Company et al., Appellants. (Appeal No. 1.)

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

December 2, 1971


Order of Onondaga County Court and judgments of Syracuse City Court unanimously reversed on the law and facts, motion for directed verdict denied and new trial granted, with costs to abide the event.

Memorandum:

Upon the evidence adduced at the trial, we are of the opinion that the court erred in directing a verdict in plaintiff's favor at the close of the entire case. In so doing, the court was required to take the view of the evidence most favorable to the...

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