Appellate Division of the Supreme Court of the State of New York December 22, 1995 (Kash v. Kroeger)

—Order unanimously reversed on the law without costs and verdict reinstated. Memorandum: Defen-

*1102dant appeals from an order granting plaintiffs’ motion to set aside the jury verdict in favor of defendant and ordering a new trial. We reverse.

Although the decision by a trial court to set aside a verdict is discretionary (Micallef v Miehle Co.