SUNDT v. NEW YORK STATE ELEC. & GAS CORP.


92 A.D.2d 722 (1983)

Mark J. Sundt, Appellant, v. New York State Electric & Gas Corporation, Respondent

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

February 28, 1983


Order unanimously reversed, with costs, and matter remitted to Supreme Court, Wyoming County, for further proceedings in accordance with the following memorandum: After a jury verdict of no cause of action was returned against him, plaintiff moved pursuant to CPLR 1101 before the trial court for permission to proceed on appeal as a poor person. The trial court denied plaintiff's motion, notwithstanding a finding that a meritorious basis for appeal exists, because the plaintiff...

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