Mundt v. McCarriagher

Appellate Division of the Supreme Court of New York

Mundt v. McCarriagher

259 A.D. 795, 20 N.Y.S.2d 489, 1940 N.Y. App. Div. LEXIS 6679

Appellate Division of the Supreme Court of the State of New York·Decided March 20, 1940·Published

Opinion

Orders reversed on the facts and a new trial granted, with costs to the appellants to abide the event, on the ground that the verdict in answer to Question No. 2 is against the weight of the evidence. All concur. (The final order directs defendants to reinstate petitioner to his position as operator of grit and sedimentation tanks in the Buffalo Sewer Authority; the second order denies a motion for a new trial.) Present — Crosby, P. J., Cunningham, Taylor, Dowling and McCurn, JJ.

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Orders reversed on the facts and a new trial granted, with costs to the appellants to abide the event, on the ground that the verdict in answer to Question No. 2 is against the weight of the evidence. All concur. (The final order directs defendants to reinstate petitioner to his position as operator of grit and sedimentation tanks in the Buffalo Sewer Authority; the second order denies a motion for a new trial.) Present — Crosby, P. J., Cunningham, Taylor, Dowling and McCurn, JJ.

Mundt v. McCarriagher, 259 A.D. 795, 20 N.Y.S.2d 489, 1940 N.Y. App. Div. LEXIS 6679 (N.Y. Ct. App. 1940).

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