Order unanimously affirmed, without costs of this appeal to either party.
Memorandum:
City Court set aside the jury's verdict of no cause for action on the ground that the verdict was "contrary to the weight of evidence and contrary to law". The verdict was not contrary to the law as charged by the court and although the charge was erroneous the failure of either party to except thereto made the court's charge the law of the case. (Civ. Prac. Act, § 446...
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