Jackson v. Trapier

Appellate Division of the Supreme Court of New York

Jackson v. Trapier

30 A.D.2d 573, 292 N.Y.S.2d 1007, 1968 N.Y. App. Div. LEXIS 3862

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

DecidedMay 27, 1968

StatusPublished

This text of 30 A.D.2d 573 (Jackson v. Trapier) 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

Jackson v. Trapier, 30 A.D.2d 573, 292 N.Y.S.2d 1007, 1968 N.Y. App. Div. LEXIS 3862 (N.Y. Ct. App. 1968).

Pincite

Opinion

— In a negligence action to recover damages for personal injuries, etc., defendant appeals from a judgment of the Supreme Court, Queens County, entered December 26, 1967 in favor of plaintiffs on the issue of liability, upon the trial court’s decision setting aside a jury verdict for defendant and directing entry of such judgment, pursuant to CPLR 4404 (subd. [a]). Judgment reversed, on the law and the facts and in the interests of justice, and a new trial ordered, with costs to appellant to abide the event. In our view, the trial court erred in directing the entry of judgment in favor of plaintiffs as a matter of law. We conclude, however, that the verdict returned by the jury was against the weight of the evidence and that .the interests of justice require a new trial. Christ, Acting P. J., Brennan, Rabin, Hopkins and Munder, JJ., concur.

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— In a negligence action to recover damages for personal injuries, etc., defendant appeals from a judgment of the Supreme Court, Queens County, entered December 26, 1967 in favor of plaintiffs on the issue of liability, upon the trial court’s decision setting aside a jury verdict for defendant and directing entry of such judgment, pursuant to CPLR 4404 (subd. [a]). Judgment reversed, on the law and the facts and in the interests of justice, and a new trial ordered, with costs to appellant to abide the event. In our view, the trial court erred in directing the entry of judgment in favor of plaintiffs as a matter of law. We conclude, however, that the verdict returned by the jury was against the weight of the evidence and that .the interests of justice require a new trial. Christ, Acting P. J., Brennan, Rabin, Hopkins and Munder, JJ., concur.

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Bluebook (online)

30 A.D.2d 573, 292 N.Y.S.2d 1007, 1968 N.Y. App. Div. LEXIS 3862, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-trapier-nyappdiv-1968.