PEKAR v. TAX


43 A.D.2d 957 (1974)

Eleanor Pekar, as Administratrix of The Estate of Edward Pekar, Deceased, Appellant, v. Herman Tax, Respondent

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

February 11, 1974


Judgment reversed, on the law, with costs, and new trial granted, with costs to abide the event.

In directing a verdict for defendant, the trial court stated that "the weight of the evidence clearly preponderates in favor of the defendant" and that "if the jury * * * would find a verdict in favor of the plaintiff * * * I would clearly have to set that verdict aside as not being supported by the evidence." This is not the proper standard to be applied. A trial court...

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