Freidberg v. Freidberg

Appellate Division of the Supreme Court of New York

Freidberg v. Freidberg

12 A.D.2d 594, 208 N.Y.S.2d 96, 1960 N.Y. App. Div. LEXIS 6663

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

DecidedDecember 6, 1960

StatusPublished

This text of 12 A.D.2d 594 (Freidberg v. Freidberg) 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

Freidberg v. Freidberg, 12 A.D.2d 594, 208 N.Y.S.2d 96, 1960 N.Y. App. Div. LEXIS 6663 (N.Y. Ct. App. 1960).

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Opinion

Judgment, insofar as it dismisses the complaint herein upon the merits, entered on a verdict in favor of defendant upon a framed issue, unanimously reversed upon the law and upon the facts and a new trial ordered, with costs to abide the event. The verdict of the jury upon a framed issue in an action for divorce is stated to be conclusive “ unless the verdict is set aside, or a new trial is granted.” (Civ. Prac. Act, § 429.) Where, as here, the verdict of the jury was clearly against the weight of the evidence, the court has the power to and should set the same aside and order a new trial. (See Kay v. Kay, 235 App. Div. 25; Lang v. Lang, 268 App. Div. 788; O’Keefe v. O’Keefe, 208 App. Div. 750.) Concur — Valente, J. P., McNally, Stevens, Eager and Noonan, JJ.

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Judgment, insofar as it dismisses the complaint herein upon the merits, entered on a verdict in favor of defendant upon a framed issue, unanimously reversed upon the law and upon the facts and a new trial ordered, with costs to abide the event. The verdict of the jury upon a framed issue in an action for divorce is stated to be conclusive “ unless the verdict is set aside, or a new trial is granted.” (Civ. Prac. Act, § 429.) Where, as here, the verdict of the jury was clearly against the weight of the evidence, the court has the power to and should set the same aside and order a new trial. (See Kay v. Kay, 235 App. Div. 25; Lang v. Lang, 268 App. Div. 788; O’Keefe v. O’Keefe, 208 App. Div. 750.) Concur — Valente, J. P., McNally, Stevens, Eager and Noonan, JJ.

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Bluebook (online)

12 A.D.2d 594, 208 N.Y.S.2d 96, 1960 N.Y. App. Div. LEXIS 6663, Counsel Stack Legal Research, https://law.counselstack.com/opinion/freidberg-v-freidberg-nyappdiv-1960.

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