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MERL v. ADLER

207 A.D.2d 323 (1994)

616 N.Y.S.2d 185

Claudia Merl, Respondent, v. Herbert Adler et al., Appellants

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

August 25, 1994

A motion to set aside a verdict as against the weight of the credible evidence invokes the court's discretion to see that justice is done. The Trial Judge has had an opportunity to view the witnesses and the entire conduct of the trial, and "resolution of such a motion involves an application of that professional judgment gleaned from the Judge's background and experience as a student, practitioner and Judge" (Nicastro v Park...

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