Cassaro v. Francis

Appellate Division of the Supreme Court of New York

Cassaro v. Francis

285 A.D. 1220, 140 N.Y.S.2d 541, 1955 N.Y. App. Div. LEXIS 7242

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

DecidedMay 18, 1955

StatusPublished

This text of 285 A.D. 1220 (Cassaro v. Francis) 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

Cassaro v. Francis, 285 A.D. 1220, 140 N.Y.S.2d 541, 1955 N.Y. App. Div. LEXIS 7242 (N.Y. Ct. App. 1955).

Pincite

Opinion

Order insofar as it sets aside the verdict of the jury affirmed; otherwise order reversed on the facts and a new trial granted, with costs to appellants to abide the event. Memorandum: We regard the verdict of the jury as against the weight of evidence. Although the verdict was properly set aside, it was error to direct a verdict in favor of plaintiff. Issues of fact are presented which require a new trial. All concur. (Appeal from an order setting aside the [1221]*1221verdict of a jury in favor of defendant for no cause of action and granting plaintiff’s motion for a directed verdict, in an automobile negligence action.) Present — McCurn, P. J., Vaughan, Kimball, Wheeler and Van Duser, JJ.

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Order insofar as it sets aside the verdict of the jury affirmed; otherwise order reversed on the facts and a new trial granted, with costs to appellants to abide the event. Memorandum: We regard the verdict of the jury as against the weight of evidence. Although the verdict was properly set aside, it was error to direct a verdict in favor of plaintiff. Issues of fact are presented which require a new trial. All concur. (Appeal from an order setting aside the [1221]*1221verdict of a jury in favor of defendant for no cause of action and granting plaintiff’s motion for a directed verdict, in an automobile negligence action.) Present — McCurn, P. J., Vaughan, Kimball, Wheeler and Van Duser, JJ.

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Bluebook (online)

285 A.D. 1220, 140 N.Y.S.2d 541, 1955 N.Y. App. Div. LEXIS 7242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cassaro-v-francis-nyappdiv-1955.