Home/New York Court of Appeals/Goehle v. Town of Smithtown

Goehle v. Town of Smithtown

434 N.E.2d 707, 55 N.Y.2d 995, 449 N.Y.S.2d 471, 1982 N.Y. LEXIS 3171
CourtNew York Court of Appeals
DecidedFebruary 23, 1982
StatusPublished
Cited by8 cases

This text of 434 N.E.2d 707 (Goehle v. Town of Smithtown) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Goehle v. Town of Smithtown, 434 N.E.2d 707, 55 N.Y.2d 995, 449 N.Y.S.2d 471, 1982 N.Y. LEXIS 3171 (N.Y. 1982).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

A determination by the Appellate Division which reverses an order of Trial Term setting aside a jury verdict as against the weight of the credible evidence, although appealable, is beyond this, court’s power of review. In the posture in which this case comes before us, there must be an automatic affirmance. (Rochester Tel. Corp. v Green Is. Constr. Corp., 51 NY2d 788; Pfohl v Wipperman, 34 NY2d 597; Gutin v Mascali & Sons, 11 NY2d 97; see Cohen and Karger, Powers of the New York Court of Appeals [rev ed], § 148, p 588.)

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.

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Bluebook (online)
434 N.E.2d 707, 55 N.Y.2d 995, 449 N.Y.S.2d 471, 1982 N.Y. LEXIS 3171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goehle-v-town-of-smithtown-ny-1982.