Lebow v. Drah Cab Corp.

Appellate Division of the Supreme Court of New York

Lebow v. Drah Cab Corp.

15 A.D.2d 777, 1962 N.Y. App. Div. LEXIS 11216

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

DecidedFebruary 27, 1962

StatusPublished

This text of 15 A.D.2d 777 (Lebow v. Drah Cab Corp.) 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

Lebow v. Drah Cab Corp., 15 A.D.2d 777, 1962 N.Y. App. Div. LEXIS 11216 (N.Y. Ct. App. 1962).

Pincite

Opinion

While defendant argues that the accident could not have occurred, as plaintiff wife described it, the court does not have to reach that conclusion. It suffices that the physical improbability of the occurrence, together with the conflicting testimony of the physician as to what plaintiff wife told him, warrants setting aside the verdict as against the credible evidence on this record. Concur — Botein, P. J., Breitel, Rabin, Yalente and McNally, JJ.

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While defendant argues that the accident could not have occurred, as plaintiff wife described it, the court does not have to reach that conclusion. It suffices that the physical improbability of the occurrence, together with the conflicting testimony of the physician as to what plaintiff wife told him, warrants setting aside the verdict as against the credible evidence on this record. Concur — Botein, P. J., Breitel, Rabin, Yalente and McNally, JJ.

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Bluebook (online)

15 A.D.2d 777, 1962 N.Y. App. Div. LEXIS 11216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lebow-v-drah-cab-corp-nyappdiv-1962.