DE SANTIS v. OSMAN


42 A.D.2d 906 (1973)

Lori De Santis, an Infant, by Her Mother and Natural Guardian, Diane De Santis, et al., Respondents, v. Albert Osman et al., Appellants

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

September 24, 1973


Order reversed, without costs; plaintiffs' motion denied; and jury verdict reinstated.

The trial court committed error in setting aside the jury verdict and in directing a verdict in plaintiffs' favor on the issue of liability. The proof presented questions of fact both as to the negligence of defendants and the contributory negligence of the infant plaintiff. It cannot be said that the jury could not have reached its verdict on any fair interpretation of the evidence...

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