| N.Y. App. Div. | Mar 31, 1952
The multitude of checks made by defendant to his own order and defendant’s many monthly bank statements beclouded the simple issue whether defendant in fact made the weekly cash payments. In the interests of justice, a new trial of the entire case should be had. The verdict was contrary to the weight of the credible evidence. Present — Johnston, Acting P. J., Adel, Wenzel, MaeCrate and Schmidt, JJ.