McMahon v. City of New York

Appellate Division of the Supreme Court of New York

McMahon v. City of New York

108 A.D.2d 902, 486 N.Y.S.2d 705, 1985 N.Y. App. Div. LEXIS 43234

Procedural entryThis page is a short order in McMahon v. City of New York. Read the opinion of the Court — 105 A.D.2d 101 →

Appellate Division of the Supreme Court of the State of New York·Decided February 25, 1985·Published

Opinion

In an action to recover damages for personal injuries, defendant appeals from a judgment of the Supreme Court, Kings County (Levine, J.), entered September 1, 1983, which, upon a finding that defendant was 70% responsible for the injuries suffered by plaintiff, awarded plaintiff damages.

Judgment reversed, on the facts, and new trial granted, with costs to abide the event.

Under the totality of the circumstances, we find the verdict to be contrary to the weight of the credible evidence and a new trial is therefore required. Because a new trial is required, we note that the points raised by defendant on appeal concerning allegedly erroneous evidentiary rulings and an allegedly erroneous charge have been considered and have been found to be without merit. Titone, J. P., Thompson, O’Connor and Fiber, JJ., concur.

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In an action to recover damages for personal injuries, defendant appeals from a judgment of the Supreme Court, Kings County (Levine, J.), entered September 1, 1983, which, upon a finding that defendant was 70% responsible for the injuries suffered by plaintiff, awarded plaintiff damages.

Judgment reversed, on the facts, and new trial granted, with costs to abide the event.

Under the totality of the circumstances, we find the verdict to be contrary to the weight of the credible evidence and a new trial is therefore required. Because a new trial is required, we note that the points raised by defendant on appeal concerning allegedly erroneous evidentiary rulings and an allegedly erroneous charge have been considered and have been found to be without merit. Titone, J. P., Thompson, O’Connor and Fiber, JJ., concur.

McMahon v. City of New York, 108 A.D.2d 902, 486 N.Y.S.2d 705, 1985 N.Y. App. Div. LEXIS 43234 (N.Y. Ct. App. 1985).

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108 A.D.2d 902 (McMahon v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.