Appellate Division of the Supreme Court of the State of New York, Second Department.
The proof adduced presented material disputed questions of fact which should have been submitted to the jury for their decision. Whether testimony is entitled to belief should have been left to the jury. (Civ. Prac. Act, § 457-a; Blum v. Fresh Grown Preserve Corp., 292 N.Y. 241; Loewinthan v. Le Vine,...
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