Adamy v. South Buffalo Railway Co.

—Appeal from a judgment of Supreme Court, Erie County (Notaro, J.), entered December 12, 2000, upon a jury verdict in favor of plaintiff.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied and a new trial is granted.

Memorandum: Supreme Court erred in granting plaintiff’s motion for a directed verdict at the close of proof where, as here, defendant presented evidence contradicting plaintiff’s version of the manner in which the accident occurred. Thus, it cannot be said “that there was ‘no valid…