SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
July 1, 1968
OLE A. OLSEN, APPELLANT,
CITY OF NEW YORK, DEFENDANT AND THIRD-PARTY PLAINTIFF-RESPONDENT. MAX FRANKE ET AL., THIRD-PARTY DEFENDANTS-RESPONDENTS; JAMES SCOTTI, DOING BUSINESS AS JOHN SCOTTI & SONS, INC., FOURTH-AND FIFTH-PARTY DEFENDANT-RESPONDENT
In an action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, Kings County, dated February 14, 1967, which set aside a jury verdict in his favor on the issue of liability, as against the weight of the credible evidence, and ordered a new trial.
Christ, Acting P. J., Brennan, Rabin, Hopkins and Munder, JJ., concur.
We are of the opinion that the verdict, particularly as it imported findings in plaintiff's favor on the issues of contributory negligence and constructive notice, was clearly against the weight of the credible evidence.
Order affirmed, without costs (cf. General Exch. Ins. Corp. v. New York City Tr. Auth., 20 Misc. 2d 2).
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