Opinion
Submitted February 24, 1941
Decided March 4, 1941
Appeal from the Supreme Court, Appellate Division, Fourth Department, LOVE, J.
Harold S. Clark, in person, for motion.
No one opposed.
Motion denied. The moving papers do not indicate that the plaintiff moved for a direction of a verdict or that the trial court erred in submitting questions of fact to the jury. Upon an appeal from an order of the Appellate Division reversing a judgment on the facts and granting a new trial, this court may consider only whether "as matter of law on the evidence the plaintiff was entitled to judgment." ( Rockowitz C. B. Corp. v. Madame X Co., 248 N.Y. 272.)