SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
May 9, 1968
AUGUST J. BUIER, INDIVIDUALLY AND AS LIMITED ADMINISTRATOR OF THE ESTATE OF ROSE BUIER, DECEASED, APPELLANT,
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.
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.
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