Daly v. Casey

345 N.E.2d 582, 38 N.Y.2d 808, 382 N.Y.S.2d 39, 1975 N.Y. LEXIS 2400
New York Court of Appeals·Decided December 29, 1975·Published·Cited by 3 cases

Opinion

Order reversed, with costs, and a new trial granted. However incredible the evidence may have been, as a practical matter it cannot be said that it was incredible as a matter of law, and therefore the complaint should not have been dismissed (cf. Naeris v New York Tel. Co., 5 NY2d 1009).

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.

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Daly v. Casey, 345 N.E.2d 582, 38 N.Y.2d 808, 382 N.Y.S.2d 39, 1975 N.Y. LEXIS 2400 (N.Y. 1975).

345 N.E.2d 582 (Daly v. Casey) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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