SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
July 14, 1969
LINDA C. INDIERE, RESPONDENT,
VIRGINIA A. STRICKROTH ET AL., APPELLANTS
In a negligence action to recover damages for personal injuries, the appeal is from an order of the Supreme Court, Suffolk County, dated August 5, 1968, which (1) granted plaintiff's motion to set aside a jury verdict in defendants' favor and (2) ordered a new trial.
Rabin, Acting P. J., Hopkins, Benjamin, Martuscello and Kleinfeld, JJ., concur.
In our opinion, there was not such a clear preponderance of evidence in plaintiff's favor as would warrant setting aside, as contrary to the weight of the evidence, the jury's verdict in defendants' favor.
Order reversed, without costs, and jury verdict reinstated.
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