BURGER v. NASSAU COUNTY


57 A.D.2d 564 (1977)

Nicholas Burger, Appellant, v. Nassau County, Respondent. (And a Third-Party Action.)

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

April 11, 1977


Judgment reversed, on the law, and new trial granted, with costs to abide the event.

The trial court erred in holding as a matter of law that the defendant county's negligence was not a proximate cause of plaintiff's injuries. There is a difference in the rule of law to be applied when enough facts have not been adduced to warrant submission of the issue to a jury and the setting aside of the verdict as contrary to the weight of the evidence (see Blum v Fresh Grown...

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