Since the reversal by the Appellate Division of the judgment in favor of plaintiff on the third cause of action was upon the law and the facts and the complaint was dismissed on the ground that the jury's verdict was against the weight of the credible evidence in the case, a new trial must be ordered. (Imbrey v. Prudential Ins. Co., 286 N.Y. 434, 441; Toone v. City of New York, 218 N.Y. 616...
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