Evan v. Wilson

Appellate Division of the Supreme Court of New York

Evan v. Wilson

70 A.D.2d 895, 417 N.Y.S.2d 877, 1979 N.Y. App. Div. LEXIS 12483

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

DecidedJune 11, 1979

StatusPublished

Cited by1 cases

This text of 70 A.D.2d 895 (Evan v. Wilson) 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

Evan v. Wilson, 70 A.D.2d 895, 417 N.Y.S.2d 877, 1979 N.Y. App. Div. LEXIS 12483 (N.Y. Ct. App. 1979).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Queens County, entered February 24, 1978, which dismissed the complaint upon the trial court’s setting aside the jury’s verdict in favor of the plaintiff, after a trial limited to the issue of liability. Judgment reversed, on the law, and new trial granted as to the issue of liability, with costs to abide the event. The jury verdict in favor of the plaintiff was against the weight of the evidence. Accordingly, the trial court correctly set aside the verdict. However, the court should have granted a new trial rather than dismiss the complaint (see Martin v City of Albany, 42 NY2d 13, 19). Titone, J. P., O’Connor, Shapiro, Martuscello and Mangano, JJ., concur.

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In a negligence action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Queens County, entered February 24, 1978, which dismissed the complaint upon the trial court’s setting aside the jury’s verdict in favor of the plaintiff, after a trial limited to the issue of liability. Judgment reversed, on the law, and new trial granted as to the issue of liability, with costs to abide the event. The jury verdict in favor of the plaintiff was against the weight of the evidence. Accordingly, the trial court correctly set aside the verdict. However, the court should have granted a new trial rather than dismiss the complaint (see Martin v City of Albany, 42 NY2d 13, 19). Titone, J. P., O’Connor, Shapiro, Martuscello and Mangano, JJ., concur.

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Bluebook (online)

70 A.D.2d 895, 417 N.Y.S.2d 877, 1979 N.Y. App. Div. LEXIS 12483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evan-v-wilson-nyappdiv-1979.

Opinion

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