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

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

DecidedOctober 4, 1971

StatusPublished

Cited by1 cases

This text of 37 A.D.2d 839 (Izzillio v. Tailored Woman, Inc.) 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

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).

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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.

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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.

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Bluebook (online)

37 A.D.2d 839, 326 N.Y.S.2d 160, 1971 N.Y. App. Div. LEXIS 3367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/izzillio-v-tailored-woman-inc-nyappdiv-1971.

Opinion

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