ZERA v. CITY OF NEW YORK


35 A.D.2d 519 (1970)

Sophie Zera, as Administratrix of The Estate of Joseph Zera, Deceased, Appellant, v. City of New York, Respondent, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

July 2, 1970


Judgment entered July 8, 1969, modified, on the law and on the facts, to direct a new trial of the issue of liability, with $50 costs and disbursements to appellant to abide the event, and otherwise affirmed.

The trial court having heard the witnesses is in a superior position to determine whether the verdict is in accord with the evidence. His determination that it is against the weight of the evidence must be "viewed liberally on appeal" and will not ordinarily...

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