Torts · MBE-tested
Nancy M. Mascia, an Infant, by Carmen Mascia, Her Guardian ad Litem, et al., Respondents, v. Margaret H. O'Bryant, Defendant, and Genevieve I. Johnston, Appellant
25 A.D.2d 949·New York Supreme Court, Appellate Division·1966·NY
Present — Williams, P. J., Bastow, Goldman, Henry and Del Vecehio, JJ.
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
Nancy M. Mascia, an Infant, by Carmen Mascia, Her Guardian ad Litem, et al., Respondents, v. Margaret H. O’Bryant, Defendant, and Genevieve I. Johnston, Appellant.
[MAJORITY]
Judgment as to Genevieve I. Johnston reversed on the law and facts, without costs of this appeal to any party, and a new trial granted. Memorandum: The verdict of the jury is against the weight of evidence. All concur, except Henry and Del Vecehio, JJ., who dissent and vote for affirmance. See memorandum filed in Johnston v. O’Bryant (25 A D 2d 949) decided herewith. (Appeal from judgment of Erie Trial Term for plaintiffs in an automobile negligence action.)
Present — Williams, P. J., Bastow, Goldman, Henry and Del Vecehio, JJ.