SPITZER v. ABRAHAM & STRAUS


113 Misc.2d 629 (1982)

Donald Spitzer, Respondent, v. Abraham & Straus, Appellant.

Supreme Court, Appellate Term, Second Department.

January 15, 1982


Attorney(s) appearing for the Case

A. Paul Goldblum for appellant. Trevor L. F. Headley for respondent.

PINO, P. J., BUSCHMANN and JONES, JJ., concur.


MEMORANDUM.

Order unanimously modified by granting plaintiff's motion only to the extent of setting aside the verdict in favor of defendant and ordering a trial de novo and, as so modified, affirmed, without costs.

At the outset, we note that "[t]he duty of the judge to supervise the reasonableness of the verdicts returned to him ought to be viewed liberally on appeal because the independence of mind with which that duty is exercised is ingredient to...

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