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GREENE v. VIJAX FUEL CORP.

108 A.D.2d 897 (1985)

Louis Greene, Respondent, v. Vijax Fuel Corp., Defendant and Fourth-Party Plaintiff-Appellant, and Gomez Realty Corporation, Defendant and Third-Party Plaintiff-Appellant, Nancy Beth Theatre Corp., Third and Fourth-Party Defendant-Respondent

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

February 25, 1985

Judgment affirmed, insofar as appealed from, without costs or disbursements.

"A Trial Judge's decision to set aside a verdict as contrary to the weight of the evidence should be viewed on appellate review with liberality in recognition of the fact that such a determination `involves what is in large part a discretionary balancing of many factors'" (Durante v Frishling, 81 A.D.2d 631

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