Maynard v. Wietan

Appellate Division of the Supreme Court of New York

Maynard v. Wietan

10 A.D.2d 892, 199 N.Y.S.2d 637, 1960 N.Y. App. Div. LEXIS 10748

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

DecidedApril 7, 1960

StatusPublished

This text of 10 A.D.2d 892 (Maynard v. Wietan) 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

Maynard v. Wietan, 10 A.D.2d 892, 199 N.Y.S.2d 637, 1960 N.Y. App. Div. LEXIS 10748 (N.Y. Ct. App. 1960).

Pincite

Opinion

Judgment unanimously reversed on the law and facts, verdict of the jury set aside as against the weight of evidence, and a new trial granted, with costs to appellant to abide the event. Memorandum: The order directing a verdict in favor of the defendant is reversed on the ground that there were issues of fact to be determined by the jury. However, the verdict of the jury in favor of the plaintiff was contrary to the weight of evidence. A new trial is required. (Appeal from judgment of Erie Trial Term for defendant for no cause of action on a directed verdict, after the setting aside of the jury’s verdict in favor of plaintiff, in an automobile negligence action.) Present — Williams, P. J., Bastow, Halpern, McClusky and Henry, JJ.

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Judgment unanimously reversed on the law and facts, verdict of the jury set aside as against the weight of evidence, and a new trial granted, with costs to appellant to abide the event. Memorandum: The order directing a verdict in favor of the defendant is reversed on the ground that there were issues of fact to be determined by the jury. However, the verdict of the jury in favor of the plaintiff was contrary to the weight of evidence. A new trial is required. (Appeal from judgment of Erie Trial Term for defendant for no cause of action on a directed verdict, after the setting aside of the jury’s verdict in favor of plaintiff, in an automobile negligence action.) Present — Williams, P. J., Bastow, Halpern, McClusky and Henry, JJ.

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Bluebook (online)

10 A.D.2d 892, 199 N.Y.S.2d 637, 1960 N.Y. App. Div. LEXIS 10748, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maynard-v-wietan-nyappdiv-1960.