Appellate Division of the Supreme Court of New York, 1966

Kozbial v. Brooklyn Union Gas Co.

Kozbial v. Brooklyn Union Gas Co.
Appellate Division of the Supreme Court of New York · Decided November 28, 1966
26 A.D.2d 954; 276 N.Y.S.2d 383; 1966 N.Y. App. Div. LEXIS 3011
Kozbial v. Brooklyn Union Gas Co.

Opinion of the Court

Judgment of the Supreme Court, Kings County, dated January 17, 1966, reversed insofar as appealed from, on the law and the facts; and, as between plaintiff and appellant, action severed and new trial granted, with costs to abide the event. In our opinion, the trial court’s direction of a verdict for plaintiff was against the weight of the credible evidence; and, in the interests of justice, a new trial is required. Christ, Acting P. J., Hill, Rabin, Hopkins and Benjamin, JJ., concur.

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