ALFIERI v. LEWIS GEN. TIRES, INC.


62 A.D.2d 1135 (1978)

Anna Alfieri, an Infant, by Her Parent and Natural Guardian, Marjorie Alfieri, et al., Respondents, v. Lewis General Tires, Inc., et al., Defendants, and Joseph J. Alfieri, Appellant. (Appeal No. 1.)

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

April 7, 1978


Judgment unanimously affirmed, without costs.

Memorandum:

The conflicting evidence as to whether the truck had lights operating at the time of the accident presented a question of credibility to be resolved by the jury. A jury verdict in favor of a defendant should not be set aside as against the weight of the credible evidence unless it plainly appears that the evidence so preponderates in favor of the plaintiff...

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