Daley v. Talley
214 A.D. 755
N.Y. App. Div.
1925
Check Treatment

Judgment and order affirmed, with costs. All concur, except Hubbs, P. J., and Sears, J., who dissent on the ground that while the record discloses a pure question of fact, we cannot believe the story told by the plaintiff. It is so unreasonable that it shocks one’s notion of usual and ordinary conduct of a dentist. We think the judgment should be reversed and a new trial granted on the ground that the verdict is against the weight of the evidence and that the ends of justice require a new trial. Present — Hubbs, P. J.,. Clark, Sears, Crouch and Taylor, JJ.