Majority
p. 909Fred C. Hysler, Appellant, v. Malone Pallone, Respondent.
Appeal from an order of the Supreme Court of Fulton County at Trial Term setting aside the verdict of a jury rendered in plaintiff’s favor in a negligence action, and granting a new trial. The order under appeal was granted upon the ground that the verdict was against the weight of evidence. Order affirmed, with $10 costs. Foster, P. J., Brewster, Bergan and Coon, JJ., concur; Heffernan, J., taking no part.