
    Eugenia Daly, an Infant, by Her Parent and Father, Michael Daly, et al., Appellants, v Howard V. Casey et al., Defendants, and Tidewater Oil Company, Respondent.
    Argued November 25, 1975;
    decided December 29, 1975
    
      
      Joseph P. Napoli, Harry H Lipsig and Carole R. Moskowitz for appellants.
    
      Alfred S. Julien and Thomas E. Paterson for respondent.
   Order reversed, with costs, and a new trial granted. However incredible the evidence may have been, as a practical matter it cannot be said that it was incredible as a matter of law, and therefore the complaint should not have been dismissed (cf. Naeris v New York Tel. Co., 5 NY2d 1009).

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.  