Ostwind v. Kerley

Appellate Division of the Supreme Court of New York

Ostwind v. Kerley

60 A.D.2d 625, 400 N.Y.S.2d 328, 1977 N.Y. App. Div. LEXIS 14597

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

DecidedDecember 19, 1977

StatusPublished

This text of 60 A.D.2d 625 (Ostwind v. Kerley) 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

Ostwind v. Kerley, 60 A.D.2d 625, 400 N.Y.S.2d 328, 1977 N.Y. App. Div. LEXIS 14597 (N.Y. Ct. App. 1977).

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Opinion

In jointly tried negligence actions to recover damages for personal injuries, etc., defendants Kerley appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County, dated April 18, 1977, as (1) set aside the verdict of the jury against defendant Seymour Aron, (2) directed that judgment be entered by plaintiffs Ostwind against appellants only, and (3) directed a trial on the issue of liability in Action No. 2. Order reversed insofar as appealed from, with costs, jury verdict against defendant Aron reinstated, and Action No. 2 dismissed. The trial court erred in setting aside the jury’s verdict insofar as it was against defendant Seymour Aron, since that verdict was not against the weight of the evidence. Rabin, J. P., Shapiro, Suozzi and O’Connor, JJ., concur.

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In jointly tried negligence actions to recover damages for personal injuries, etc., defendants Kerley appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County, dated April 18, 1977, as (1) set aside the verdict of the jury against defendant Seymour Aron, (2) directed that judgment be entered by plaintiffs Ostwind against appellants only, and (3) directed a trial on the issue of liability in Action No. 2. Order reversed insofar as appealed from, with costs, jury verdict against defendant Aron reinstated, and Action No. 2 dismissed. The trial court erred in setting aside the jury’s verdict insofar as it was against defendant Seymour Aron, since that verdict was not against the weight of the evidence. Rabin, J. P., Shapiro, Suozzi and O’Connor, JJ., concur.

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Bluebook (online)

60 A.D.2d 625, 400 N.Y.S.2d 328, 1977 N.Y. App. Div. LEXIS 14597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ostwind-v-kerley-nyappdiv-1977.