Opinion
January, 1930.
Order and judgment reversed upon the law and the facts and a new trial granted, costs to appellant to abide the event. While the trial court was warranted in setting aside the verdict of the jury because of improper remarks on the part of plaintiff's attorney, the facts in the case require a resubmission to a jury. Lazansky, P.J., Rich, Young, Hagarty and Scudder, JJ., concur.