Rosa v. Furman — 146 A.D. 873

Majority

p. 873

First Department,

July, 1911.

Natale De Rosa, Respondent, v. Jacob Furman and Others, Appellants.

Headnote

Appeal from a judgment entered in the New York county clerk’s office on the 6th day of January, 1011, upon the verdict of a jury, and from an order entered the same day denying a motion for a new trial.

The judgment and order appealed from should be reversed and a new trial ordered, with costs to appellants to abide the event, upon the ground that there is no evidence to sustain the finding of the jury that the defendants were in possession of the premises at the time of the accident. Present — Ingraham, P. J., McLaughlin, Clarke, Scott and Dowling, JJ. Judgment and order reversed, new trial ordered, costs to appellants to abide event.