Berg v. Massler

Appellate Division of the Supreme Court of New York

Berg v. Massler

24 A.D.2d 878, 264 N.Y.S.2d 905, 1965 N.Y. App. Div. LEXIS 3011

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

DecidedNovember 15, 1965

StatusPublished

This text of 24 A.D.2d 878 (Berg v. Massler) 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

Berg v. Massler, 24 A.D.2d 878, 264 N.Y.S.2d 905, 1965 N.Y. App. Div. LEXIS 3011 (N.Y. Ct. App. 1965).

Pincite

Opinion

In a negligence action by an infant and her father to recover damages for personal injuries, medical expenses, etc., defendants appeal from an order of the Supreme Court, Nassau County, entered August 6, 1964 which granted plaintiffs’ motion to set aside a jury verdict in favor of defendants, and directed a new trial. Order reversed on the law and the facts, with costs; motion denied; and verdict reinstated. In our opinion, the verdict was not contrary to the weight of the evidence and there is nothing in the appendix to support the trial court’s view that the conduct of defendants’ trial counsel deprived plaintiffs of a fair trial. At no time during the trial was any claim or comment made by plaintiffs’ counsel or by the court which would reflect a belief on the part of either of them that the conduct of defendants’ counsel could be the basis for setting aside a defendants’ verdict. Christ, Acting P. J., Brennan, Rabin and Benjamin, JJ., concur; Hill, J,, dissents and votes to affirm the order.

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In a negligence action by an infant and her father to recover damages for personal injuries, medical expenses, etc., defendants appeal from an order of the Supreme Court, Nassau County, entered August 6, 1964 which granted plaintiffs’ motion to set aside a jury verdict in favor of defendants, and directed a new trial. Order reversed on the law and the facts, with costs; motion denied; and verdict reinstated. In our opinion, the verdict was not contrary to the weight of the evidence and there is nothing in the appendix to support the trial court’s view that the conduct of defendants’ trial counsel deprived plaintiffs of a fair trial. At no time during the trial was any claim or comment made by plaintiffs’ counsel or by the court which would reflect a belief on the part of either of them that the conduct of defendants’ counsel could be the basis for setting aside a defendants’ verdict. Christ, Acting P. J., Brennan, Rabin and Benjamin, JJ., concur; Hill, J,, dissents and votes to affirm the order.

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Bluebook (online)

24 A.D.2d 878, 264 N.Y.S.2d 905, 1965 N.Y. App. Div. LEXIS 3011, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berg-v-massler-nyappdiv-1965.