WALLWORK v. NEW YORK LIFE INS. CO.


38 A.D.2d 804 (1972)

Donald F. Wallwork et al., Appellants-Respondents, v. New York Life Insurance Company, Respondent-Appellant

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

February 15, 1972


Plaintiffs shall recover of defendant $50 costs and disbursements of this cross appeal. We do not find the jury's verdict against the weight of the evidence so to justify our setting it aside, nor do we find error of substance calling upon us to exercise discretionary power to order a new trial. The charge of the Trial Judge was proper, presented all the relevant theories — and there were no exceptions. The trial itself lasted from October 5 to October 10, 1970, as...

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