TAYLOR v. DAYTON SUREGRIP & SHORE CO., INC.


64 A.D.2d 809 (1978)

Harry Taylor, Appellant, v. Dayton Suregrip & Shore Company, Inc., et al., Respondents, and Dayton Suregrip & Shore Company, Inc., Defendant and Third-Party Plaintiff. Albert Elia Building Company, Inc., Third-Party Defendant

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

July 7, 1978


Judgment unanimously affirmed, without costs.

Memorandum:

The trial court properly denied plaintiff's motion to set aside the jury verdict as against the weight of the evidence. There was sufficient evidence to support the jury's conclusion that the wedge which caused plaintiff's injury was not supplied by the named defendants. The verdict should not be set aside unless the evidence preponderates so greatly in plaintiff's favor that the jury could not have...

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