General

Thaddeus S. Kozbial, as Administrator of the Estate of Louise Kozbial, Deceased, Respondent, v. Brooklyn Union Gas Company, Appellant, et al., Defendant

26 A.D.2d 954·New York Supreme Court, Appellate Division·1966·NY

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Opinion

Thaddeus S. Kozbial, as Administrator of the Estate of Louise Kozbial, Deceased, Respondent, v. Brooklyn Union Gas Company, Appellant, et al., Defendant. [MAJORITY] Judgment of the Supreme Court, Kings County, dated January 17, 1966, reversed insofar as appealed from, on the law and the facts; and, as between plaintiff and appellant, action severed and new trial granted, with costs to abide the event. In our opinion, the trial court’s direction of a verdict for plaintiff was against the weight of the credible evidence; and, in the interests of justice, a new trial is required. Christ, Acting P. J., Hill, Rabin, Hopkins and Benjamin, JJ., concur.