Reinlieb v. Rose , 228 A.D. 671 ( 1929 )

— • Order setting aside verdict reversed upon the law and the facts, with costs, and verdict reinstated, with costs. This ease was fairly submitted to the jury, whose verdict resolved the facts in appellant’s favor. The verdict not being against the weight of evidence, the order setting it aside was an improper exercise of discretion. Rich, Seeger and Scudder, JJ., concur; Lazansky, P. J., and Young, J., dissent and vote to affirm.