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Novello v. National Transportation Co., Inc.

Appellate Division of the Supreme Court of New York, First Department
Nov 12, 1943
266 App. Div. 991 (N.Y. App. Div. 1943)

Opinion

November 12, 1943.

Present — Martin, P.J., Townley, Glennon, Cohn and Callahan, JJ.; Martin, P.J., and Glennon, J., dissent and vote to affirm. Settle order on notice.


Judgment reversed and a new trial ordered, with costs to the appellant to abide the event. The verdict was against the weight of the credible evidence and inadequate. It was properly set aside for these reasons. There was not, however, such a complete failure of proof on the part of the plaintiff as would justify a direction of the verdict in favor of the defendant and a new trial should have been ordered.


Summaries of

Novello v. National Transportation Co., Inc.

Appellate Division of the Supreme Court of New York, First Department
Nov 12, 1943
266 App. Div. 991 (N.Y. App. Div. 1943)
Case details for

Novello v. National Transportation Co., Inc.

Case Details

Full title:CRESCENSIO NOVELLO, Appellant, v. NATIONAL TRANSPORTATION CO., INC.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 12, 1943

Citations

266 App. Div. 991 (N.Y. App. Div. 1943)