Timlin v. Schepps (244 A.D. 804, 1935)

Order setting aside a verdict in favor of plaintiff and granting a new trial reversed on the facts, with costs, the verdict reinstated and judgment directed to be entered thereon, with costs, on the ground that the evidence fails to disclose any sufficient reason justifying the order. (Dashnau v. City of Oswego, 204 App. Div. 189.) Young, Carswell and Seudder, JJ., concur; Lazansky, P. J., and Hagarty, J., dissent and vote to affirm.