Caira v. McKenna ( 1965 )

Judgment and order unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: The verdict is contrary to the weight of evidence. (Appeal from judgment of Niagara Trial Term in favor of defendant dismissing the complaint on the merits; also appeal from order entered in Clerk’s minutes denying motion to set aside the verdict of the jury.) Present — Bastow, J. P., Goldman, Henry and Del Veechio, JJ.