Opinion
June, 1933.
Order of the City Court of Yonkers granting reargument, and on reargument setting aside the verdict for the defendant in a tort action and directing a new trial, reversed on the law and the facts, with costs, motion denied, and verdict reinstated. The trial court's action was improvident. ( Scheuerman v. Knapp Coal Co., Inc., 238 App. Div. 874 [2nd Dept.], decided March 31, 1933, and cases cited.) Lazansky, P.J., Young, Hagarty, Carswell and Davis, JJ., concur.