Appellate Division of the Supreme Court of New York, 1958

Wilson v. City of Buffalo

Wilson v. City of Buffalo
Appellate Division of the Supreme Court of New York · Decided May 14, 1958
6 A.D.2d 756; 174 N.Y.S.2d 138; 1958 N.Y. App. Div. LEXIS 5914
Wilson v. City of Buffalo

Opinion of the Court

Judgment and order reversed on the law and facts and a new trial granted, without costs of this appeal to either party. Memorandum: The verdict of the jury was against the weight of the credible evidence. Upon a new trial it will be incumbent upon the plaintiffs to prove compliance with section 50-e of the General Municipal Law. All concur. (Appeal from a judgment of Erie Trial Term for plaintiff in a negligence action. The order denied a motion for a new trial.) Present — McCurn, P. J., Williams, Bastow, Goldman and Halpern, JJ.

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