Opinion
June 18, 1943.
Present — Crosby, P.J., Taylor, Dowling, Harris and McCurn, JJ. [ 179 Misc. 851.]
Judgment reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event; order modified by striking therefrom the ordering paragraph dismissing the complaint, and as modified affirmed. All concur. (The judgment dismisses plaintiff's complaint on the merits, on a reserved motion after setting aside the verdict of the jury in favor of plaintiff for $10,000, in an automobile negligence action. The order granted defendant Van Epps' motion to set aside the verdict and for dismissal.)