Goehle v. Town of Smithtown

Appellate Division of the Supreme Court of New York

Goehle v. Town of Smithtown

81 A.D.2d 607, 440 N.Y.S.2d 554, 1981 N.Y. App. Div. LEXIS 11097

Appellate Division of the Supreme Court of the State of New York·Decided April 13, 1981·Published·Cited by 3 cases

Opinion

— In a negligence action to recover damages for personal injuries, etc., defendant appeals from an order of the Supreme Court, Suffolk County, dated May 8, 1980, which (1) granted plaintiffs’ motion to set aside a jury verdict in defendant’s favor, and (2) ordered a new trial. Order reversed, without costs or disbursements, motion denied and jury verdict reinstated. There was not such a clear preponderance of evidence in plaintiffs’ favor as would warrant setting aside, as contrary to the weight of the evidence, the jury’s verdict in defendant’s favor. Hopkins, J.P., Titone, Rabin and Margett, JJ., concur.

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— In a negligence action to recover damages for personal injuries, etc., defendant appeals from an order of the Supreme Court, Suffolk County, dated May 8, 1980, which (1) granted plaintiffs’ motion to set aside a jury verdict in defendant’s favor, and (2) ordered a new trial. Order reversed, without costs or disbursements, motion denied and jury verdict reinstated. There was not such a clear preponderance of evidence in plaintiffs’ favor as would warrant setting aside, as contrary to the weight of the evidence, the jury’s verdict in defendant’s favor. Hopkins, J.P., Titone, Rabin and Margett, JJ., concur.

Goehle v. Town of Smithtown, 81 A.D.2d 607, 440 N.Y.S.2d 554, 1981 N.Y. App. Div. LEXIS 11097 (N.Y. Ct. App. 1981).

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