Mitchell v. Auto Buyers, Inc.

In a negligence action to recover damages for personal injuries, defendant Auto Buyers, Inc., appeals from so much of a judgment of the Supreme Court, Kings County, entered November 10, 1972, as is against it, upon separate jury verdicts rendered after successive trials of the issues of liability and damages. Judgment reversed insofar as appealed from, on the law and the facts, with costs, and complaint as against Auto Buyers, Inc. dismissed, on the law. In our opinion, it was error for the trial court to refuse to grant the motion of defendant Auto Buyers, Inc., made at the conclusion of the…