
    Jack Gilman, Appellant, v. Prudential Insurance Company of America, Respondent.
    
    Supreme Court, Appellate Term, First Department,
    July 6, 1943.
    
      Matthew L. 8alonger for appellant.
    
      Weit & Goldman for respondent.
    
      
       See, also, Imbrey v. Prudential Insurance Co., 286 N. Y. 434. — [Rep.
    
   Memorandum Per Curiam.

There was sufficient evidence to raise a question of fact, and although the court would be warranted in setting aside the verdict as against the weight of the evidence, there being a jury there must be a new trial. (Starr v. Equitable Life Assur. Soc., 257 App. Div. 261.)

Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.

Hammer, Shientag and Hecht, JJ., concur.  