Merritt v. Clow

Judgment unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: ‘The complaint was improperly dismissed at the close of the evidence. Questions of fact were presented that should have been submitted to a jury. (Appeal from judgment of Monroe Trial Term dismissing the complaint in an automobile negligence action.) Present — Williams, P. J., Bastow, Noonan and Del Vecchio, JJ.