Torts · MBE-tested

Gertrude Uzar, as Administratrix of the Estate of Felix Uzar, Deceased, Appellant, v. William Wietan, Respondent

10 A.D.2d 892·New York Supreme Court, Appellate Division·1960·NY

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Opinion

Gertrude Uzar, as Administratrix of the Estate of Felix Uzar, Deceased, Appellant, v. William Wietan, Respondent. [MAJORITY] Judgment and order unanimously reversed on the law and facts, verdict of the jury set aside as against the weight of evidence, and a new trial granted, with costs to appellant to abide the event. Memorandum: See Memorandum filed in companion case of Maynard v. Wietan (10 A D 2d 892). (Appeal from judgment and order of Erie Trial Term, for defendant for no cause of action by direction of the court after the setting aside of a verdict in favor of plaintiff, in an automobile negligence action.) Present — Williams, P. J., Bastow, Halpern, McClusky and Henry, JJ.