Frey v. M. G. M. Realty Co. ( 1937 )

Per Curiam.

We are of the opinion that the verdict was properly set aside. While the action was tried and submitted on the theory of negligence, the verdict on that question is against the weight of the credible evidence.

The order appealed from should be affirmed, with costs. Present —■ Martin, P. J., McAvoy, O’Malley, Townley and Glennon, JJ.; O’Malley, J., dissents and votes to reverse and reinstate the verdict.