INFANTE v. MARIANI


51 A.D.2d 994 (1976)

Oneida Infante et al., Appellants, v. Ralph Mariani et al., Respondents

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

March 8, 1976


Order and judgment reversed, on the facts, and motion granted to the extent that the verdict is set aside and a new trial granted, with costs to abide the event.

In our opinion the verdict is against the weight of the evidence. Defendants rested at the conclusion of plaintiffs' proof. Thus, the only evidence in the case established that, without any warning, the vehicle owned by defendant Boval Co. Inc. and operated by defendant Mariani, in violation of sections 1154...

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