Opinion
June, 1929.
Appeal from Supreme Court of Monroe County.
Present — Sears, P.J., Taylor, Edgcomb, Thompson and Crosby, JJ. Order affirmed, with costs.
The order set aside a verdict in favor of the defendant Sidney Van Auken, Jr., upon his counterclaim, unless said defendant within ten days filed a stipulation waiving the affirmative verdict in his favor.
On the law as laid down by the trial court in the charge to the jury, we think that the granting of the new trial on questions of fact was not erroneous. We find no abuse of discretion. It is, therefore, not incumbent upon us to determine the interesting question as to the effect of section 282-e High. of the Highway Law which has been argued before us, and we are not to be taken as passing upon the construction of the law which was dealt with by the learned trial court in its opinion, which is reported in 132 Miscellaneous, 89. The order appealed from, therefore, should be affirmed, with costs. All concur.
Added by Laws of 1924, chap. 534, as amd. by Laws of 1926, chap. 730; since amd. by Laws of 1928, chap. 508; repealed by Laws of 1929, chap. 54, §§ 95, 99, 105. See Vehicle and Traffic Law, § 59. — [REP.