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ZACHARA v. OCCIDENTAL CHEM. CORP.

144 A.D.2d 926 (1988)

Edward Zachara et al., Appellants, v. Occidental Chemical Corporation, Formerly Known as Hooker Chemical and Plastics Corp., Respondent

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

November 15, 1988

Order and judgment unanimously reversed on the law and in the exercise of discretion with costs and new trial granted, in accordance with the following memorandum: The jury verdict was contrary to the weight of the evidence in that there was no fair interpretation of the proof upon which the jury could have found that defendant was free of negligence (see, Nicastro v Park, 113 A.D.2d 129, 133-134). The proof established a...

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