McMAHON v. CITY OF NEW YORK


108 A.D.2d 902 (1985)

James J. McMahon, Respondent, v. City of New York, Appellant

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

February 25, 1985


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

Under the totality of the circumstances, we find the verdict to be contrary to the weight of the credible evidence and a new trial is therefore required. Because a new trial is required, we note that the points raised by defendant on appeal concerning allegedly erroneous evidentiary rulings and an allegedly erroneous charge have been considered and have been found to be...

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