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BRENNER v. STIVELMAN

109 A.D.2d 812 (1985)

Selma Brenner et al., Respondents, v. Richard Stivelman, Appellant

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

March 18, 1985

Order reversed, without costs or disbursements, plaintiffs' motion denied, jury verdict reinstated, and matter remitted to Trial Term for the entry of an appropriate judgment.

The trial court erred in setting aside the jury verdict and ordering a new trial. Contrary to its finding, the evidence did present questions of fact as to the appellant's negligence. It cannot be said that the jury could not have reached its verdict...

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