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AUGUST J. BUIER v. LAWRENCE TUCHRELLO ET AL. (05/09/68)

May 9, 1968

AUGUST J. BUIER, INDIVIDUALLY AND AS LIMITED ADMINISTRATOR OF THE ESTATE OF ROSE BUIER, DECEASED, APPELLANT,
v.
LAWRENCE TUCHRELLO ET AL., RESPONDENTS



Appeal from judgment and orders of Monroe Trial Term dismissing complaint in action for damages for wrongful death; orders denied motions for new trial and to amend transcript.

Goldman, J. P., Del Vecchio, Marsh, Witmer and Henry, JJ.

Memorandum: The verdict is against the weight of the credible evidence, and in the interest of justice a new trial should be had.

Disposition

Judgment and order denying motion for a new trial, unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Appeal from order denying motion to amend transcript dismissed as academic.

19680509

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