Home/New York Court of Appeals/Aiello v. Garahan

Aiello v. Garahan

449 N.E.2d 418, 58 N.Y.2d 1078, 462 N.Y.S.2d 638, 1983 N.Y. LEXIS 3000
New York Court of Appeals·Decided March 30, 1983·Published·Cited by 7 cases

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The Appellate Division’s determination that it was error to have set aside the verdict as against the weight of the evidence, although appealable, is beyond the scope of our review (Mongelli Carting Co. v Nassau Ins. Co., 57 NY2d 649; Rudes v Walrath, 56 NY2d 703; Noia v De Rosa, 54 NY2d 631; Gutin v Mascali & Sons, 11 NY2d 97; see Cohen and Karger, Powers of the New York Court of Appeals [rev ed], § 148, p 588). Due to the posture in which this case comes before us, there must be an automatic affirmance (Goehle v Town of Smithtown, 55 NY2d 995; Rochester Tel. Corp. v Green Is. Constr. Corp., 51 NY2d 788; Pfohl v Wipperman, 34 NY2d 597).

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons concur.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs, in a memorandum.

Free access — add to your briefcase to read the full text and ask questions with AI

Aiello v. Garahan, 449 N.E.2d 418, 58 N.Y.2d 1078, 462 N.Y.S.2d 638, 1983 N.Y. LEXIS 3000 (N.Y. 1983).

449 N.E.2d 418 (Aiello v. Garahan) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Ficorilli v. Thomsen
262 A.D.2d 602 (Appellate Division of the Supreme Court of New York, 1999)
Spivak v. Heyward
248 A.D.2d 58 (Appellate Division of the Supreme Court of New York, 1998)
McGinn v. New York City Transit Authority
240 A.D.2d 378 (Appellate Division of the Supreme Court of New York, 1997)
Kilburn v. Bush
223 A.D.2d 110 (Appellate Division of the Supreme Court of New York, 1996)
Monahan v. Comenale
124 A.D.2d 1031 (Appellate Division of the Supreme Court of New York, 1986)
Reynolds v. Morford
124 A.D.2d 978 (Appellate Division of the Supreme Court of New York, 1986)
Vadala v. Carroll
450 N.E.2d 238 (New York Court of Appeals, 1983)