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Kester v. Wargulia

27 A.D.2d 634 Court N.Y. App. Div. Decision date 1966-12-01 English

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p. 634
Robert W. Kester, Respondent, v. Bernard Wargulia, Doing Business as Indian Spring Inn, Appellant.

Judgment and order unanimously reversed on the law and facts and a new trial granted, without costs of this appeal to either party. Memorandum: The verdict of the jury is contrary to the weight of the evidence. (Appeal from judgment of Erie Trial Term, in favor of plaintiff in a negligence action, also appeal from order denying motion for a new trial.) Present—Williams, P. J., Bastow, Henry, Del Vecchio and Marsh, JJ.