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Kelly v. Kiebzak

Appellate Division of the Supreme Court of New York, Fourth Department
May 18, 1955
285 App. Div. 1218 (N.Y. App. Div. 1955)

Opinion

May 18, 1955.

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


Judgment and order reversed on the facts and a new trial granted, with costs to the appellants to abide the event, on the ground that the verdict is against the weight of evidence. All concur, except PIPER, J., who concurs as to reversal but votes for dismissal of the complaint on the ground that plaintiff failed to establish his own freedom from contributory negligence and failed to establish any negligence on the part of the defendant.


Summaries of

Kelly v. Kiebzak

Appellate Division of the Supreme Court of New York, Fourth Department
May 18, 1955
285 App. Div. 1218 (N.Y. App. Div. 1955)
Case details for

Kelly v. Kiebzak

Case Details

Full title:DONALD KELLY, Respondent, v. JOSEPH KIEBZAK et al., Appellants

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

Date published: May 18, 1955

Citations

285 App. Div. 1218 (N.Y. App. Div. 1955)