General
Tony Colavito, an Infant, by Frank Colavito, His Guardian ad Litem, Respondent, v. Otto Stahl, Inc., Appellant; Frank Colavito, Respondent, v. Otto Stahl, Inc., Appellant
216 A.D. 790·New York Supreme Court, Appellate Division·1926·NY
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Opinion
First Department,
April, 1926.
Tony Colavito, an Infant, by Frank Colavito, His Guardian ad Litem, Respondent, v. Otto Stahl, Inc., Appellant. Frank Colavito, Respondent, v. Otto Stahl, Inc., Appellant.
Appeal in each action from an order of the Supreme Court, made at the New York Trial Term in each action, and entered in the New York county clerk’s office on May 28, 1926, setting aside the verdict of a jury in favor of the defendant and granting a motion for a new trial made upon the minutes.
[MAJORITY — Per Curiam:]
Per Curiam:
The orders appealed from should be reversed, with costs, and the verdicts reinstated, and judgments entered thereon, with costs. Goldberg v. Burrows (185 App. Div. 244) and Cohen v. Cohen (191 id. 882) are very appropriate authorities for our determination. Present — Dowling, Merrell, Finch, McAvoy and Martin, JJ. Orders reversed, with costs, verdicts reinstated and judgments directed to be entered thereon, with costs.