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Kennedy v. Viterna

3 A.D.2d 646 Court N.Y. App. Div. Decision date 1956-12-20 English

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p. 646
James F. Kennedy, Respondent, v. Rocco Viterna, Appellant, et al., Defendant.

Judgment and order affirmed, with costs. All concur except Williams, J., who dissents and votes for reversal and for granting a new trial, on the ground.that the verdict in favor of plaintiff is against the weight of evidence. (Appeal from a judgment of Erie Trial Term for plaintiff in an automobile negligence action. The order denied a motion for a new trial.) Present — McCurn, P. J., Vaughan, Kimball, Wheeler and Williams, JJ.