Miner v. Kimble

Appellate Division of the Supreme Court of New York

Miner v. Kimble

168 A.D.2d 887, 565 N.Y.S.2d 741, 1990 N.Y. App. Div. LEXIS 15763

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

DecidedDecember 27, 1990

StatusPublished

This text of 168 A.D.2d 887 (Miner v. Kimble) 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

Miner v. Kimble, 168 A.D.2d 887, 565 N.Y.S.2d 741, 1990 N.Y. App. Div. LEXIS 15763 (N.Y. Ct. App. 1990).

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Opinion

Appeals (1) from an order of the Supreme Court (Harlem, J.), entered November 20, 1989 in Broome County, upon a decision of the court in favor of defendants, and (2) from the judgment entered thereon.

Supreme Court was faced with differing accounts of the accident given by various witnesses; this merely raised questions of fact and credibility. The court, having heard and seen the witnesses, decided that plaintiff had failed to sustain his burden of proving liability on the part of defendants. Since the findings of the court are sufficiently supported in the record and are not contrary to law, we decline to disturb its decision even if there may have been some evidence supporting a different conclusion (see, Matter of Cristo, 86 AD2d 700; see also, Parone v Rivers, 84 AD2d 686).

Order and judgment affirmed, with costs. Mahoney, P. J., Casey, Levine, Mercure and Harvey, JJ., concur.

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Appeals (1) from an order of the Supreme Court (Harlem, J.), entered November 20, 1989 in Broome County, upon a decision of the court in favor of defendants, and (2) from the judgment entered thereon.

Supreme Court was faced with differing accounts of the accident given by various witnesses; this merely raised questions of fact and credibility. The court, having heard and seen the witnesses, decided that plaintiff had failed to sustain his burden of proving liability on the part of defendants. Since the findings of the court are sufficiently supported in the record and are not contrary to law, we decline to disturb its decision even if there may have been some evidence supporting a different conclusion (see, Matter of Cristo, 86 AD2d 700; see also, Parone v Rivers, 84 AD2d 686).

Order and judgment affirmed, with costs. Mahoney, P. J., Casey, Levine, Mercure and Harvey, JJ., concur.

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Bluebook (online)

168 A.D.2d 887, 565 N.Y.S.2d 741, 1990 N.Y. App. Div. LEXIS 15763, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miner-v-kimble-nyappdiv-1990.

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