Wessel v. Krop

Judgment and order unanimously reversed on the law and facts and a new trial granted, with costs to abide the event. Memorandum: In granting defendant’s motion at the close of the evidence for judgment in his favor the trial court made it clear that his determination was predicated upon a consideration of the weight of the testimony of the medical expert called by plaintiffs. However, weight of the evidence is not a valid basis for withdrawing the ease from *765a jury upon a motion made pursuant to CPLR 4401, which encompasses motions to dismiss the complaint for a nonsuit, motions for a directed…