General

Annette Weiss, Respondent, v. Viola Lynn, Individually and as Executrix of Sam Lynn, Deceased, Appellant

19 A.D.2d 659·New York Supreme Court, Appellate Division·1963·NY

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Opinion

Annette Weiss, Respondent, v. Viola Lynn, Individually and as Executrix of Sam Lynn, Deceased, Appellant. [MAJORITY] In an action on two promissory notes, the defendant appeals from a judgment of the Supreme Court, Kings County, entered May 23, 1962 after trial, upon a jury’s verdict in plaintiff’s favor for a total of $15,000 plus interest. Judgment reversed on the law, and on the facts, and a new trial ordered, with costs to the defendant to abide the event. In our opinion, the verdict is against the weight of the credible evidence. Ughetta, Acting P. J., Kleinfeld, Brennan, Rabin and Hopkins, JJ., concur.