Appellate Division of the Supreme Court of the State of New York June 24, 1968 (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.