Order reversed, with costs, and a new trial granted. However incredible the evidence may have been, as a practical matter it cannot be said that it was incredible as a matter of law, and therefore the complaint should not have been dismissed (cf. Naeris v New York Tel. Co.,
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DALY v. CASEY
38 N.Y.2d 808 (1975)
Eugenia Daly, an Infant, by Her Parent and Father, Michael Daly, et al., Appellants, v. Howard V. Casey et al., Defendants, and Tidewater Oil Company, Respondent.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued November 25, 1975.
Decided December 29, 1975.
Attorney(s) appearing for the Case
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.
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