Per Curiam.
While the court in the exercise of discretion might set aside the verdict as contrary to the weight of the evidence, it could not direct a verdict but should have ordered a new trial. (Blum v. Fresh Grown Preserve Corp., 292 N.Y. 241, 245; Imbrey v. Prudential Ins. Co., 286 N.Y. 434.) Judgment upon the facts must be the judgment of the jury and not that of another tribunal. (Loewinthal v. Le Vine, 299 N.Y. 372, 377.)
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