Lamborn v. Cohen

While I might not have voted as did the jury if I had been a member, yet there is sufficient evidence, if believed to sustain the jury’s verdict. Whether the evidence should be believed is within the province of the jury. (People v. Katz, 154 App. Div. 44; affd., 209 N. Y. 311.) I, therefore, vote to affirm the judgment appealed from.

Judgment and order reversed and new trial ordered, with costs to the appellants to abide the event.