STEPANIAN v. ROZANSKI


195 A.D.2d 973 (1993)

600 N.Y.S.2d 599

Franklin Stepanian et al., Appellants, v. Frank A. Rozanski et al., Respondents

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

July 16, 1993


Order reversed on the law with costs, motion denied and verdict reinstated.

Memorandum:

Supreme Court erred in setting aside the jury verdict in favor of plaintiffs pursuant to CPLR 4404. At the close of proof, the court denied defendants' motion for a directed verdict because there were questions of fact for the jury with respect to the two issues raised: (1) "general negligence" and (2) the known vicious propensities of defendants' dog. The court then instructed...

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