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ZOELLER v. ATTICA LODGE #462 F&AM

272 A.D.2d 908 (2000)

707 N.Y.S.2d 579

LEON R. ZOELLER, JR., et al., Respondents, v. ATTICA LODGE #462 F&AM, Appellant, and CITIZENS LODGE 309 IOOF, Respondent. (Appeal No. 2.)

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

Decided May 10, 2000.

Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied the motion of Attica Lodge #462 F&AM (defendant) for a directed verdict or, in the alternative, an order setting aside the verdict and granting a new trial. Leon R. Zoeller, Jr. (plaintiff) was injured when the left side of a wooden folding chair owned by defendant collapsed when plaintiff sat on it. Plaintiffs' expert testified that the left rear bracket had loosened...

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