Brady v. Village of Herkimer — 3 A.D.2d 973

Majority

p. 973

David Brady, Respondent, v. Village of Herkimer, Appellant.

Judgment and order reversed on the law and facts, without costs of this appeal to either party, and a new trial granted. See Memorandum filed in companion case of Brady V. Village of Herkimer ( 3 A D 2d 974 ). All con

p. 974

cur. (Appeal from a judgment of Herkimer Trial Term for plaintiff in a negligence action. The order denied a motion for a new trial.) Present — MeCurn, P. J., Vaughan, Kimball, Williams and Éastow, JJ.

Cases cited

Brady v. Village of Herkimer 3 A D 2d 974 N.Y. App. Div. 1957-05-08 p. 973