Opinion
December, 1931.
Order of Appellate Term affirming order and judgment of the Municipal Court, and said order and judgment, reversed on the law and a new trial ordered, costs to appellant to abide the event. The original verdict was inconsistent and should have been set aside. ( Pangburn v. Buick Motor Co., 211 N.Y. 228; Cohen v. Wiener, Inc., 179 App. Div. 902: Rosenkrantz v. Standard Motor Service Company, Inc., 181 id. 886.) And the trial court was without power to correct it. ( Porret v. City of New York, 252 N.Y. 208, 211.) Lazansky, P.J., Young, Kapper, Hagarty and Tompkins, JJ., concur.