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Baptiste v. Haynes

233 A.D. 699 Court N.Y. App. Div. English

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p. 699
Edward F. Baptiste, Appellant, v. Benjamin Haynes (Sued as B. Carl Haines) , Respondent.

Judgment affirmed, with costs, the court being of opinion that plaintiff’s story is incredible as a matter of law. Kapper, Carswell and Scudder, JJ., concur; Lazansky, P. J., and Davis, J., dissent and vote to reverse upon the ground that there is a question of fact to be submitted to the jury.