Opinion
December, 1930.
Present — Lazansky, P.J., Kapper, Carswell, Scudder and Tompkins, JJ.
Order of the City Court of Yonkers setting aside the verdict in favor of the defendant as being against the weight of evidence unanimously affirmed, with costs. The order indicates that the trial court acted with respect to the weight of evidence and this court is loath to interfere with the discretion of a trial court where it is predicated upon that ground and concerns in whole or in part oral evidence.