TATE v. COLABELLO


88 A.D.2d 552 (1982)

Liza Tate, an Infant, by Her Mother and Natural Guardian, Susan McMahon, et al., Appellants, v. Pat V. Colabello et al., Respondents

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

May 20, 1982


The trial court erred when it ordered a new trial as to liability. No cogent reason was given as to why a new trial on liability was necessary, and the court did not find that the verdict on liability was contrary to the weight of the evidence or that the interest of justice would be served thereby. The record clearly shows that there is no valid reason to set aside the verdict as to liability. Plaintiff was struck by a motor vehicle while riding a bicycle. She was 13 years...

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