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FRAZIER v. CAMPBELL

246 A.D.2d 509 (1998)

667 N.Y.S.2d 394

Eugene Frazier, Individually and as Administrator of The Estate of Anna Frazier, Deceased, Appellant, v. James Campbell, Respondent

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

January 12, 1998

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

After the close of the plaintiff's case, the defendant moved for judgment as a matter of law on the ground that the plaintiff failed to make out a prima facie case. The plaintiff cross-moved to reopen his case in order to introduce testimony from the defendant concerning, inter alia, the defendant's observations on

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