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McDOWELL v. DI PRONIO

52 A.D.2d 749 (1976)

Henry McDowell, Respondent, v. Patrick C. Di Pronio et al., Appellants

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

April 15, 1976

Order unanimously affirmed, without costs.

Memorandum:

After a jury verdict of no cause of action in favor of both defendants, the trial court, upon plaintiff's motion, set it aside as against the weight of the evidence and ordered a new trial (CPLR 4404, subd [a]). In this appeal defendants contend that the verdict was not against the weight of the evidence in that the plaintiff failed to prove negligence on the...

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