Judgment reversed, on the law, and new trial granted, with costs to abide the event.
In our opinion the verdict was contrary to the weight of the evidence, but was not incredible as a matter of law. In such a situation, a new trial is preferable (see CPLR 4404, subd [a]; 4 Weinstein-Korn-Miller, NY Civ Prac, par 4404.08). The cases relied upon by the Trial Judge (Goldstein v Lentino Constr. Corp.,
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