Burger v. Neumann

275 A.D.2d 710 Court N.Y. App. Div. Decision date 1949-03-07 English

Contents

Majority

p. 710

Katherine Burger, Respondent-Appellant, v. Philip Neumann, Appellant-Respondent.

p. 711

In our opinion the questions of fact presented were for the jury to determine, and the jury’s determination was not contrary to the weight of the evidence. Nolan, P. J., Carswell and Sneed, JJ., concur; Johnston and Adel, JJ., dissent and vote to reverse the order and judgment and to grant a new trial on the ground that the verdict is against the weight of the evidence.