Parlato v. C.P. Ward, Inc.

Full title: ANTOINETTE PARLATO, Now Known as ANTOINETTE SCARDINO, Appellant, v. C.P…

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

Date published: Jun 28, 1961

14 A.D.2d 488 (N.Y. App. Div. 1961)

Opinion

June 28, 1961

Appeal from the Monroe Trial Term.

Present — Williams, P.J., Bastow, Goldman, McClusky and Henry, JJ.

Judgment and order reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: The finding implicit in the verdict of the jury that either the plaintiff was guilty of contributory negligence or that the defendants were not guilty of negligence was against the weight of credible evidence. All concur, except Henry, J., who dissents and votes to affirm.