VINACOUR v. CONSOL. EDISON CO. OF NEW YORK, INC.


36 A.D.2d 726 (1971)

Joseph Vinacour et al., Respondents, v. Consolidated Edison Company of New York, Inc., Appellant

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

March 1, 1971


Interlocutory judgment reversed, on the law and the facts, and new trial granted, with costs to abide the event.

In our opinion, the finding, implicit in the jury's verdict, that defendant was negligent and that its negligence was the proximate cause of the damages to plaintiffs' property, is against the weight of the credible evidence. In addition, we find that the court erred in posing a series of hypothetical questions to defendant's expert witness which led to...

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