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De Rosa v. Furman

130 N.Y.S. 1109 Court N.Y. App. Div. Decision date 1911-07-07 English

Contents

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p. 1109
DE ROSA, Respondent, v. FURMAN et al., Appellants.
(Supreme Court, Appellate Division, First Department.
July 7, 1911.)

Headnote

Appeal from Trial Term, New York County. Action by Natale De Rosa against Jacob Furman and others. From a judgment for plaintiff, and from an order denying defendants’ motion for new trial, they appeal. Reversed, and new trial ordered. See, also, 140 App. Div. 905 , 125 N. Y. Supp. 1117 . Theodore H. Lord, for appellants. Leon Dashew, for respondent.

The judgment and order appealed from should be reversed, and a new trial ordered, with costs to appellants to abide the event, upon the ground that there is no evidence to sustain the finding of the jury that the defendants were in possession of the premises at the time of the accident.