Fairley v. Stubender

Appellate Division of the Supreme Court of New York

Fairley v. Stubender

26 A.D.2d 914, 275 N.Y.S.2d 241, 1966 N.Y. App. Div. LEXIS 3149

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

DecidedNovember 3, 1966

StatusPublished

This text of 26 A.D.2d 914 (Fairley v. Stubender) 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

Fairley v. Stubender, 26 A.D.2d 914, 275 N.Y.S.2d 241, 1966 N.Y. App. Div. LEXIS 3149 (N.Y. Ct. App. 1966).

Pincite

Opinion

Judgment entered April 7, 1965, unanimously modified, on the law and the facts, to the extent of granting a new trial, and as so modified the judgment is affirmed, with $50 costs and disbursements to abide the event. The trial court was correct in setting aside the verdict of the jury in favor of the plaintiffs. However, the complaint should not have been dismissed. Upon the plaintiffs’ version, of the facts it cannot be said as a matter of law that' the defendants were not negligent, or that the defendants had the right of way into the intersection. That would depend on what version of the facts is accepted. However, implicit in the trial court’s decision was a finding that the [915]*915verdict of the jury was against the weight of the evidence. In the circumstances of this case, considering the testimony of plaintiffs’ witnesses as to the manner in which the accident occurred, the trial court’s conclusion that the verdict was against the weight of the evidence should not be disturbed. Concur— Botein, P. J., Breitel, Rabin, Stevens and Steuer, JJ.

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Judgment entered April 7, 1965, unanimously modified, on the law and the facts, to the extent of granting a new trial, and as so modified the judgment is affirmed, with $50 costs and disbursements to abide the event. The trial court was correct in setting aside the verdict of the jury in favor of the plaintiffs. However, the complaint should not have been dismissed. Upon the plaintiffs’ version, of the facts it cannot be said as a matter of law that' the defendants were not negligent, or that the defendants had the right of way into the intersection. That would depend on what version of the facts is accepted. However, implicit in the trial court’s decision was a finding that the [915]*915verdict of the jury was against the weight of the evidence. In the circumstances of this case, considering the testimony of plaintiffs’ witnesses as to the manner in which the accident occurred, the trial court’s conclusion that the verdict was against the weight of the evidence should not be disturbed. Concur— Botein, P. J., Breitel, Rabin, Stevens and Steuer, JJ.

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Bluebook (online)

26 A.D.2d 914, 275 N.Y.S.2d 241, 1966 N.Y. App. Div. LEXIS 3149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fairley-v-stubender-nyappdiv-1966.