Scagnelli v. Mastrangelo , 37 N.Y.S.2d 827 ( 1942 )

Lazansky, P. J., Hagarty and Close, JJ., concur; Carswell and Adel, JJ., dissent and vote to affirm the judgment with the following memorandum: The disputed questions of fact were submitted to the jury on a fair and impartial charge and in our opinion the finding of the jury may not be said to be against the weight of the evidence. (Mieuli v. New York & Queens County Railway Co., 136 App. Div. 373.)