Appellate Division of the Supreme Court of New York, 1950

Edmiston v. Galvin

Edmiston v. Galvin
Appellate Division of the Supreme Court of New York · Decided November 6, 1950
277 A.D.2d 1022
Edmiston v. Galvin

Opinion of the Court

The Trial Judge in setting aside the verdict on the ground that it was contrary to the weight of the credible evidence, apparently, through inadvertence, failed to direct a new trial. Order modified insofar as to direct a new trial and, as so modified, affirmed, with $20 costs and disbursements to the respondent. Present — Peck, P. J., Dore, Cohn, Callahan and Van Yoorhis, JJ.; Dore, J., dissents and votes to reverse and reinstate the verdict.

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