Betzag v. Gulf Oil Corp.

When the Appellate Division for the Second Department initially reversed “ on the law and the facts ”, it wrote a memorandum, explicitly referred to in the order (Civ. Prac. Act, § 607), in which, after ruling that the complaint should be dismissed because of the insufficiency of the evidence, it declared —‘‘ although in any event a new trial would be granted because of the excessiveness of the verdict.” (272 App. Div. 935, 936.) This court regarded and treated the reversal — particularly in the light of the general practice followed by that Appellate Division — as one upon the law and only…