Cardos v. Edwards — 146 N.Y.S. 1086

Majority

p. 1086

CARDOS, Respondent, v. EDWARDS, Commissioner, Appellant.

(Supreme Court, Appellate Division, First Department.

April 3, 1914.)

Headnote

Appeal from Special Term, New York County. Application by Henry Cardos against William H. Edwards, as Commissioner. From a final order directing the issuance of a preemptory writ of mandamus, and from an order denying a motion for a new trial, defendant appeals.

Orders reversed.

See, also, 146 N. Y. Supp. 1086.

Charles J. Nehrbas, of New York City, for appellant.

William E. Murphy, of New York City, for respondent.

The verdict of the jury was clearly against the weight of evidence, and the order entered on the 26th day of May, 1913, denying the motion to set aside the verdict of the jury in answer to the questions submitted to them, is reversed, the motion granted, and a new trial ordered. The final order granting the mandamus, entered on the 22d day of May, 1913, falls with the order setting aside, the verdict, and that is also reversed, with costs to the defendant.