Opinion
July 6, 1943.
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, McNULTY, J.
Matthew L. Salonger for appellant.
Weit Goldman for respondent.
MEMORANDUM
There was sufficient evidence to raise a question of fact, and although the court would be warranted in setting aside the verdict as against the weight of the evidence, there being a jury there must be a new trial. ( Starr v. Equitable Life Assur. Soc., 257 A.D. 261.)
Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.
HAMMER, SHIENTAG and HECHT, JJ., concur.