SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT
November 7, 1968
CALOGERO GRILLO, APPELLANT,
FISCHBACH-MOORE, INCORPORATED, RESPONDENT, ET AL., DEFENDANTS
Concur -- Stevens, J. P., Eager, Tilzer, McGivern and Rabin, JJ.
The court, under proper instructions, submitted the issue of negligence to the jury, which found in favor of the plaintiff on the issue of liability. The evidence presented created an issue of fact as to the negligence of respondent. The jury, as triers of the facts, having resolved that issue in favor of appellant, its determination should not have been disturbed.
Order entered March 29, 1968, herein appealed from, unanimously reversed on the law and the verdict of the jury reinstated, with $50 costs and disbursements to appellant.
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