Interlocutory judgment reversed, on the law, and new trial granted in the interests of justice, with costs to abide the event.
In our opinion, the evidence on the issue of notice was inadequate to sustain plaintiff's burden of proof and a new trial should be had in the interests of justice to afford plaintiff a further opportunity to make the required proof.
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.