Salisbury v. Philips — 272 A.D.2d 1036

Majority

p. 1036

Charles Salisbury, Appellant-Respondent, v. Wally Philips et al., Doing Business under the Name of Philips and Vandermark, Defendants, and Gardner Vandermark, Respondent-Appellant.

Order affirmed, without costs of this appeal to any party. We regard the order as containing a direction for a new trial. All concur; Dowling, J., not voting. (The order grants defendant’s [Vandermark’s] motion to set aside the verdict of the jury in favor of plaintiff, but denies defendant’s motion to dismiss the complaint and for a nonsuit in a negligence action.) Present — Dowling, Harris, McCurn, Larkin and Love, JJ.