Appellate Division of the Supreme Court of New York, 1963

Ferrusi v. Direct Winters Trasportation Ltd.

Ferrusi v. Direct Winters Trasportation Ltd.
Appellate Division of the Supreme Court of New York · Decided February 28, 1963
18 A.D.2d 962; 238 N.Y.S.2d 367; 1963 N.Y. App. Div. LEXIS 4268
Ferrusi v. Direct Winters Trasportation Ltd.

Opinion of the Court

Judgment unanimously reversed on the law and facts, with costs to the respondents against the appellant and a new trial granted. Memorandum: 'The verdict is against the weight of the evidence. Costs and disbursements are awarded against appellant because of his failure to comply with the provisions of rule V-a of the rules of this court, in that relevant portions of the testimony necessary for consideration of the questions involved were not included .as an appendix to his printed brief. (Appeal from judgment of Niagara Trial Term for defendant for no cause of action in an automobile negligence action.) Present — Williams, P. J., Bastow, MeClusky and Henry, JJ.

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