MORAN v. JAMES CARATOZZOLO FUNERAL HOME, INC.


48 A.D.2d 703 (1975)

Frances Moran, Appellant, v. James Caratozzolo Funeral Home, Inc., Respondent

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

May 27, 1975


Order reversed, with costs, and the jury verdict is reinstated.

There should have been no interference by the trial court with the jury's verdict. The evidence adduced was reasonably susceptible of interpretations other than the narrow view adopted by the trial court. In such circumstances, the granting of defendant's motion to set aside the verdict was improper (cf. Smith v Fasonella, 15 A.D.2d 844...

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