Cassaro v. Francis

Full title: MARY R. CASSARO, Respondent, v. MARC B. FRANCIS et al., Appellants

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

Date published: May 18, 1955

285 App. Div. 1220 (N.Y. App. Div. 1955)

Opinion

May 18, 1955.

Present — McCurn, P.J., Vaughan, Kimball, Wheeler and Van Duser, JJ.

Order insofar as it sets aside the verdict of the jury affirmed; otherwise order reversed on the facts and a new trial granted, with costs to appellants to abide the event. Memorandum: We regard the verdict of the jury as against the weight of evidence. Although the verdict was properly set aside, it was error to direct a verdict in favor of plaintiff. Issues of fact are presented which require a new trial. All concur.