Colacurcio Contracting Corp. v. Weiss

The opinion of the court was delivered by

William J. Brennan, Jr., J.

The issue here is whether a judgment of the Appellate Division unanimously affirming an order of the trial judge setting aside a verdict as against the weight of the evidence presents “a question arising under the Constitution of * * * this State” appealable to this court of right under Art. YI, § Y, par. 1 of the 1947 Constitution, and B. B. 1:2-1 (a).

The complaint is for breach of contract to which the defendant counterclaimed. The jury returned a verdict for plaintiff of $544 on the complaint, and, for the defendant, of…