What is the test for appealability of a motion for a new trial where a federal judge has granted the motion without hearing the motion?

2 Of course, where a district court merely grants such a motion without more, there is no appealable final judgment. Dunlap-McCuller v. Riese Org., 980 F.2d 153, 156 (2d Cir.1992), cert. denied, --- U.S. ----, 114 S.Ct. 290, 126 L.Ed.2d 239 (1993). However, where judgment n.o.v. is granted, there is an appealable final judgment, and we may, if the matter is reviewable, exercise jurisdiction over an alternative grant of a new trial on the ground that the matter is against the weight of the evidence.