Alessi v. Granger

Appellate Division of the Supreme Court of New York

Alessi v. Granger

55 A.D.2d 1038, 391 N.Y.S.2d 249, 1977 N.Y. App. Div. LEXIS 10392

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 21, 1977

StatusPublished

This text of 55 A.D.2d 1038 (Alessi v. Granger) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alessi v. Granger, 55 A.D.2d 1038, 391 N.Y.S.2d 249, 1977 N.Y. App. Div. LEXIS 10392 (N.Y. Ct. App. 1977).

Pincite

Opinion

Judgment unanimously affirmed, without costs. Memorandum: Questions of fact as to how the accident happened and the extent of plaintiffs injuries and his medical and hospital expenses and loss of earnings were presented and were within the province of the jury to resolve. In doing that, it was also for them to pass upon the credibility of the witnesses. The Trial Justice had the benefit of viewing and hearing the witnesses; and in the circumstances of this case we cannot find that he erred in denying plaintiffs motion to set aside the verdict (see Mann v Hunt, 283 App Div 140). In view of the evidence, the trial court was also clearly right in denying defendants’ motion for dismissal of the complaint as a matter of law. (Appeal from judgment of Wayne Supreme Court — negligence.) Present —Moule, J. P., Cardamone, Simons, Dillon and Witmer, JJ.

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Judgment unanimously affirmed, without costs. Memorandum: Questions of fact as to how the accident happened and the extent of plaintiffs injuries and his medical and hospital expenses and loss of earnings were presented and were within the province of the jury to resolve. In doing that, it was also for them to pass upon the credibility of the witnesses. The Trial Justice had the benefit of viewing and hearing the witnesses; and in the circumstances of this case we cannot find that he erred in denying plaintiffs motion to set aside the verdict (see Mann v Hunt, 283 App Div 140). In view of the evidence, the trial court was also clearly right in denying defendants’ motion for dismissal of the complaint as a matter of law. (Appeal from judgment of Wayne Supreme Court — negligence.) Present —Moule, J. P., Cardamone, Simons, Dillon and Witmer, JJ.

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Bluebook (online)

55 A.D.2d 1038, 391 N.Y.S.2d 249, 1977 N.Y. App. Div. LEXIS 10392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alessi-v-granger-nyappdiv-1977.

Opinion

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