Ordered that the order is reversed, on the law and the facts, with costs, the plaintiff's application, in effect, pursuant to CPLR 4404 (a) to set aside the jury verdict and for judgment as a matter of law is denied, and the jury verdict on the plaintiff's cause of action for a divorce on the ground of cruel and inhuman treatment is reinstated.
The Supreme Court applied an incorrect standard in considering the plaintiff's application, in effect, pursuant to CPLR 4404...
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