Gilman v. Prudential Insurance Co. of America
180 Misc. 729, 45 N.Y.S.2d 684
Opinion
There was sufficient evidence to raise a question of fact, and although the court would be warranted in setting aside the verdict as against the weight of the evidence, there being a jury there must be a new trial. (Starr v. Equitable Life Assur. Soc., 257 App. Div. 261.)
Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.
Hammer, Shientag and Hecht, JJ., concur.
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Gilman v. Prudential Insurance Co. of America, 180 Misc. 729, 45 N.Y.S.2d 684 (N.Y. Ct. App. 1943).
180 Misc. 729 (Gilman v. Prudential Insurance Co. of America) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Starr v. Equitable Life Assurance Society of the United States
257 A.D. 261 (Appellate Division of the Supreme Court of New York, 1939)