Spear v. Graine

250 A.D. 727 Court N.Y. App. Div. Decision date 1937-02-11 English

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p. 727

Freda Spear, Appellant, v. Adolph R. Graine, Respondent.

Order reversed on the law and the facts, without costs, and motion granted to the extent of granting a new trial, pursuant to the provisions of section 549 of the Civil Practice Act. The court treats the application as one for a new trial only, and, under all the circumstances, is of opinion that a new trial should be granted. Lazansky, P. J., Hagarty, Carswell, Davis and Close, JJ., concur.