COOPER v. SEARS, ROEBUCK & CO.


95 A.D.2d 769 (1983)

Jack Cooper et al., Appellants, v. Sears, Roebuck & Company et al., Respondents

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

June 6, 1983


Order and judgment reversed, on the law, and a new trial granted, with costs to abide the event.

Although the jury's verdict to the effect that the defendants were partially responsible for the injuries sustained by plaintiff Jack Cooper in the underlying lawn mower accident was contrary to the weight of the evidence, there is no basis on this record for concluding that the defendants were entitled to judgment in their favor "as a matter of law". Accordingly, Trial...

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