Izzillio v. Tailored Woman, Inc.

Appellate Division of the Supreme Court of New York

Izzillio v. Tailored Woman, Inc.

37 A.D.2d 839, 326 N.Y.S.2d 160, 1971 N.Y. App. Div. LEXIS 3367

Appellate Division of the Supreme Court of the State of New York·Decided October 4, 1971·Published·Cited by 1 cases

Opinion

In a personal injury action, defendant appeals from a judgment of the Supreme Court, Queens County, entered February 3, 1971, in favor of plaintiff upon a jury verdict of $30,000. Judgment reversed, on the law and the facts, and new trial granted, with costs to abide the event. In our opinion, the verdict was contrary to the weight of the evidence. In addition, it was error for the trial court, swa sponte, to charge the jury as to absent witnesses when there was no indication in the testimony that such witnesses existed or were under defendant’s control. Munder, Acting P. J., Shapiro, Gulotta, Brennan and Benjamin, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a personal injury action, defendant appeals from a judgment of the Supreme Court, Queens County, entered February 3, 1971, in favor of plaintiff upon a jury verdict of $30,000. Judgment reversed, on the law and the facts, and new trial granted, with costs to abide the event. In our opinion, the verdict was contrary to the weight of the evidence. In addition, it was error for the trial court, swa sponte, to charge the jury as to absent witnesses when there was no indication in the testimony that such witnesses existed or were under defendant’s control. Munder, Acting P. J., Shapiro, Gulotta, Brennan and Benjamin, JJ., concur.

Izzillio v. Tailored Woman, Inc., 37 A.D.2d 839, 326 N.Y.S.2d 160, 1971 N.Y. App. Div. LEXIS 3367 (N.Y. Ct. App. 1971).

Pincite

37 A.D.2d 839 (Izzillio v. Tailored Woman, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related