
    HEIFERMAN v. GREENHUT CLOAK CO.
    (No. 5927.)
    (Supreme Court, Appellate Division, First Department.
    June 12, 1914.)
    Appeal from Appellate Term, First Department. Action by Frank Heiferman against the Greenhut Cloak Company. From a determination of the Appellate Term (83 Misc. Rep. 435, 145 N. Y. Supp. 142), reversing an, order of the City Court setting aside a verdict and granting a new trial (143 N. Y. Supp. 411), and from an order of the City Court entered upon such determination, defendant appeals. Determination of Appellate Term and order of City Court thereon entered reversed, and the original order affirmed. See, also, 146 N. Y. Supp. 1094.
    David L. Podell, of New York City, for appellant.
    George H. Francoeur, of New York City, for respondent.
   PER CURIAM.

We think the order of the trial judge setting aside the verdict and granting a new trial was under the circumstances proper, and that such order should not have been reversed. The determination of the Appellate Term and the order of the City Court thereupon entered are therefore reversed, with costs in this court and in the Appellate Term, and the original order of the City Court affirmed.  