Opinion
March 22, 1934.
Appeal from the Municipal Court, Borough of Manhattan, Eighth District.
Anderson, Moss Merrell [ Harry G. Anderson of counsel], for the appellant.
Samuel Mazzola, for the respondent.
After the discharge of the jury and the entry of a judgment upon a verdict directed for plaintiff the court was without power to vacate that judgment and direct a verdict for the defendant. In any event the evidence sustains plaintiff's verdict.
Judgment reversed, with thirty dollars costs, and judgment for plaintiff reinstated.
Appeal from order dismissed.
All concur; present, HAMMER, CALLAHAN and FRANKENTHALER, JJ.