KILBURN v. ACANDS, INC.


187 A.D.2d 988 (1992)

Janice Kilburn, Individually and as Administratrix of The Estate of Robert Kilburn, Deceased, Respondent, v. Acands, Inc., et al., Defendants, and Owens-Corning Fiberglas Corporation et al., Appellants Mildred A. Kelly, Individually and as Administratrix of The Estate of Harry F. Kelly, Deceased, Respondent, v. Acands, Inc., et al., Defendants, and Owens-Corning Fiberglas Corporation et al., Appellants Emily McKee, Individually and as Executrix of Harold H. McKee, Deceased, Respondent, v. Acands, Inc., et al., Defendants, and Owens-Illinois, Inc., Appellant

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

November 18, 1992


Order unanimously reversed on the law without costs and verdicts reinstated.

Memorandum:

In these wrongful death actions consolidated for trial, the jury returned verdicts in favor of defendants. Plaintiffs' motions to set aside those verdicts as against the weight of the evidence were denied by the trial court. On its own motion, however, the trial court set aside the verdicts on the ground that it had failed to charge the jury, as requested by plaintiffs...

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