SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
January 9, 1969
ALTA R. GOURLAY, AS ADMINISTRATOR OF THE ESTATE OF DONALD M. GOURLAY, DECEASED, APPELLANT,
EDWARD COOLEY, RESPONDENT
Appeal from judgment and order of Ontario Trial Term, dismissing complaint in action for damages for wrongful death; order denied motion for a new trial.
Bastow, P. J., Goldman, Del Vecchio, Marsh and Henry, JJ.
Memorandum: The verdict was contrary to the evidence.
Judgment and order unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event.
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