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Merritt v. Clow

20 A.D.2d 756 Court N.Y. App. Div. Decision date 1964-02-27 English

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p. 756
John L. Merritt, Appellant, v. Jean Clow, Respondent.

Judgment unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: ‘The complaint was improperly dismissed at the close of the evidence. Questions of fact were presented that should have been submitted to a jury. (Appeal from judgment of Monroe Trial Term dismissing the complaint in an automobile negligence action.) Present — Williams, P. J., Bastow, Noonan and Del Vecchio, JJ.