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Edmiston v. Galvin

277 A.D.2d 1022 Court N.Y. App. Div. Decision date 1950-11-06 English

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p. 1022
George J. Edmiston, Appellant, v. William A. Galvin, Doing Business as Track Restaurant, Respondent.

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.