Olsen v. City of New York

Appellate Division of the Supreme Court of New York

Olsen v. City of New York

30 A.D.2d 812, 293 N.Y.S.2d 505, 1968 N.Y. App. Div. LEXIS 3524

Appellate Division of the Supreme Court of the State of New York·Decided July 1, 1968·Published

Opinion

In an action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, Kings County, dated February 14, 1967, which set aside a jury verdict in his favor on the issue of liability, as against the weight of the credible evidence, and ordered a new trial. Order affirmed, without costs (cf. General Exch. Ins. Corp. v. New York City Tr. Auth., 20 Misc 2d 2). We are of the opinion that the verdict, particularly as it imported findings in plaintiff’s favor on the issues of contributory negligence and constructive notice, was clearly against the weight of the credible evidence. Christ, Acting P. J., Brennan, Rabin, Hopkins and Munder, JJ., concur.

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In an action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, Kings County, dated February 14, 1967, which set aside a jury verdict in his favor on the issue of liability, as against the weight of the credible evidence, and ordered a new trial. Order affirmed, without costs (cf. General Exch. Ins. Corp. v. New York City Tr. Auth., 20 Misc 2d 2). We are of the opinion that the verdict, particularly as it imported findings in plaintiff’s favor on the issues of contributory negligence and constructive notice, was clearly against the weight of the credible evidence. Christ, Acting P. J., Brennan, Rabin, Hopkins and Munder, JJ., concur.

Olsen v. City of New York, 30 A.D.2d 812, 293 N.Y.S.2d 505, 1968 N.Y. App. Div. LEXIS 3524 (N.Y. Ct. App. 1968).

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Opinion

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