Manzi v. Grand Ave. Cab Co.

In a personal injury action, plaintiffs appeal from an order of the Supreme Court, Nassau County, dated June 28, 1972, which denied their motion, pursuant to CPLR 4404, (1) to set aside the trial court’s dismissal of the complaint at the end of plaintiffs’ case upon a jury trial and (2) for a new trial. Order reversed, on the law and in the interests of justice, and new trial granted, with costs to abide the event. No questions of fact were presented on this appeal. Plaintiffs’ proof on the trial established that plaintiff Joseph Manzi was a passenger in defendant Grand Avenue Cab. Co.’s…