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LEE v. LESNIAK

40 A.D.2d 756 (1972)

Patricia Lee, Respondent, v. Matthew M. Lesniak et al., Appellants, et al., Defendant. (Appeal No. 1.)

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

October 26, 1972

Judgment unanimously affirmed, with costs to plaintiff.

Memorandum:

The plaintiffs are entitled to the most favorable view of the evidence, including reasonable inferences which may be drawn therefrom (Owen v. Rochester-Penfield Bus Co., 304 N.Y. 457); only the jury is endowed with the right to pass on conflicting evidence, as well as credibility of witnesses (Swensson v. New York, Albany Desp. Co.,

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