ZBORAY v. FESSLER


154 A.D.2d 367 (1989)

Deborah J. Zboray, Appellant, v. Robert Fessler, Respondent

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

October 2, 1989


Ordered that the judgment is reversed, on the law, and a new trial is granted on the issue of liability, with costs to abide the event.

While placing hay in a stall, the plaintiff was kicked by the defendant's horse "Dee Dee" — for which she was caring — sustaining serious physical injuries. At trial, and after the plaintiff's case was completed, the court granted the defendant's motion for judgment during trial, concluding that the plaintiff had failed...

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