Rand v. City of New York — 270 A.D. 996

Majority

p. 996

Margaret Rand, as Administratrix of the Estate of Matthew Conroy, Deceased, Respondent, v. City of New York, Appellant.

Judgment reversed and a new trial ordered, with costs to the appellant to abide the event, upon the ground that the verdict of the jury was contrary to the weight of the credible evidence. Asserted errors in admission of evidence and in the charge of the court need not be considered as they are not likely to recur at a new trial. Present — Martin, P. J., Dore, Cohn, Callahan and Peck, JJ.