PRUNOTTO v. PRUNOTTO


80 A.D.2d 638 (1981)

Felicina Prunotto et al., Respondents-Appellants, v. Bruno Prunotto, Appellant-Respondent

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

February 23, 1981


Amended interlocutory judgment modified, on the facts, by deleting the third decretal paragraph thereof. As so modified, amended interlocutory judgment affirmed and, as between plaintiff Felicina Prunotto and defendant, action severed and new trial granted, with costs to abide the event.

The jury verdict was contrary to the weight of the evidence. Plaintiffs failed to establish by a preponderance of the credible evidence that defendant was negligent in the placement...

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