Opinion
July 2, 1962
Present — Williams, P.J., Goldman, Halpern, McClusky and Henry, JJ.
Upon remission from the Court of Appeals, judgment and order unanimously reversed and a new trial granted, with costs to plaintiff-appellant to abide the event. Memorandum: Upon remission of the case by the Court of Appeals to this court to pass upon the facts, we find that the verdict of the jury was against the weight of the evidence and therefore there should be a new trial.