Majority
p. 709William H. Schack, Respondent, v. Otto D. Heck, Appellant.
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.