¶1Order unanimously modified on the law and facts to provide that the new trial be had upon all the issues, and as so modified, affirmed, with costs to the appellant to abide the event. See Memorandum in Maryinuk v. Pendell (27 A D 2d 694). (Appeal from order of Oswego Trial Term granting plaintiff’s motion for a new trial.) Present — Bastow, J. P., Henry, Del Vecchio and Marsh, JJ.
27 A.D.2d 694
Pendell v. Maryinuk
Appellate Division of the Supreme Court of the State of New York
Decided January 12, 1967
Appellate Division of the Supreme Court of the State of New York · decided 1967-01-12
Decided 1967-01-12