Appellate Division of the Supreme Court of New York, 1957

Brady v. Village of Herkimer

Appellate Division of the Supreme Court of New York · Decided May 8, 1957

3 A.D.2d 973; 162 N.Y.S.2d 940; 1957 N.Y. App. Div. LEXIS 5574

Opinion of the Court

Judgment and order reversed on the law and facts, without costs of this appeal to either party, and a new trial granted. See Memorandum filed in companion case of Brady V. Village of Herkimer (3 A D 2d 974). All con*974cur. (Appeal from a judgment of Herkimer Trial Term for plaintiff in a negligence action. The order denied a motion for a new trial.) Present — MeCurn, P. J., Vaughan, Kimball, Williams and Éastow, JJ.

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