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Graco v. Bradley Contracting Co.

155 N.Y.S. 1110 Court N.Y. App. Div. Decision date 1915-12-03 English

Contents

Majority

p. 1110
GRACO, Respondent, v. BRADLEY CONTRACTING CO., Appellant.
(Supreme Court, Appellate Division, First Department.
December 3, 1915.)

Headnote

Appeal from Trial Term, New York County. Action by Sebastiano Graco against the Bradley Contracting Company. From a judgment entered on a verdict, and from an order denying its motion for a new trial, defendant appeals. Judgment and order reversed, and new trial ordered. F. L. C. Keating, of New York City for appellant Don R. Almy, of New York City, for respondent.

The facts proven on the trial do not sustain the cause of action, as alleged in the complaint. The judgment and order appealed from must be reversed, and a new trial ordered, with costs to the appellant, to abide event. Order filed.