Cohen v. Sofranski
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Harris Cohen against Henry Sofranski. From an order setting aside a verdict and granting a new trial, defendant appeals.
1Opinion of the Court
SCOTT, P. J.,
The trial justice, who had the advantage of a personal observation of the witnesses, was in a much better position than we can possibly be to judge of the degree of credence which should be given to the witnesses. For that reason we are unwilling to interfere with his order setting aside the verdict and granting a new trial. The order should, however, have been conditioned upon the payment by plaintiff of a trial fee at least. Landrigan v. Brooklyn Heights R. R. Co., 23 App. Div. 43, 48 N. Y. Supp. 454; Falkenberg v. O’Neill (Sup.) 88 N. Y. Supp. 378.
The order will therefore be…
2Cases cited2 opinions
- Landrigan v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Falkenberg v. O'NeillAppellate Terms of the Supreme Court of New York · 1904