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Freidberg v. Freidberg
208 N.Y.S.2d 96
N.Y. App. Div.
1960
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Judgment, insofar as it dismisses the complaint herein upon the merits, entered on a verdict in favor of defendant upon a framed issue, unanimously reversed upon the law and upon the facts and a new trial ordered, with costs to abide the event. The verdict of the jury upon a framed issue in an action for divorce is stated to be conclusive “ unless the verdict is set aside, or a new trial is granted.” (Civ. Prac. Act, § 429.) Where, as here, the verdict of the jury was clearly against the weight of the evidence, the court has the power to and should set the same aside and order a new trial. (See Kay v. Kay, 235 App. Div. 25; Lang v. Lang, 268 App. Div. 788; O’Keefe v. O’Keefe, 208 App. Div. 750.) Concur — Valente, J. P., McNally, Stevens, Eager and Noonan, JJ.

Case Details

Case Name: Freidberg v. Freidberg
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Dec 6, 1960
Citation: 208 N.Y.S.2d 96
Court Abbreviation: N.Y. App. Div.
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