Opinion
May 9, 1968
Appeal from the Monroe Trial Term.
Present — Goldman, J.P., Del Vecchio, Marsh, Witmer and Henry, JJ.
Judgment and order denying motion for a new trial, unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Appeal from order denying motion to amend transcript dismissed as academic. Memorandum: The verdict is against the weight of the credible evidence, and in the interest of justice a new trial should be had.