MARGOTTA v. AM. MOTORISTS INS. CO.


283 A.D. 959 (1954)

Thomas T. Margotta, Doing Business as Margotta Auto Sales, Respondent, v. American Motorists Insurance Company, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 10, 1954.


Judgment entered on the verdict reversed on the law and the facts and a new trial granted, with costs to appellant to abide the event.

The verdict is against the weight of the evidence. Without the hearsay evidence as to what the appellant had agreed to, the contract on which respondent recovered was not proved. Without that evidence the proof was not sufficient to establish that the adjuster had authority to make...

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