Pordy v. Scot Service Co.

Appellate Division of the Supreme Court of New York

Pordy v. Scot Service Co.

15 A.D.2d 911, 225 N.Y.S.2d 953, 1962 N.Y. App. Div. LEXIS 10767

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

DecidedMarch 27, 1962

StatusPublished

Cited by7 cases

This text of 15 A.D.2d 911 (Pordy v. Scot Service Co.) 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

Pordy v. Scot Service Co., 15 A.D.2d 911, 225 N.Y.S.2d 953, 1962 N.Y. App. Div. LEXIS 10767 (N.Y. Ct. App. 1962).

Pincite

Opinion

In this non jury action for wrongful death, the issue presented is close. Usually the judgment arrived at by the trial court is not to be disturbed but here the record contains statements by the trial court which reveal misapprehension of important phases of the testimony. This being a non jury ease, this court would have the power and, in many eases, the duty, to make findings and render the verdict that the trial court should have pronounced (Bruno v. Kosnac, 13 A D 2d 650, and cases cited). However, not every case lends itself to this procedure (Power v. Falk, 15 A D 2d 216) and we find that the interests of justice would best be served by a new trial. Concur—■ Rabin, J. P., Valente, McNally, Stevens and Steuer, JJ.

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In this non jury action for wrongful death, the issue presented is close. Usually the judgment arrived at by the trial court is not to be disturbed but here the record contains statements by the trial court which reveal misapprehension of important phases of the testimony. This being a non jury ease, this court would have the power and, in many eases, the duty, to make findings and render the verdict that the trial court should have pronounced (Bruno v. Kosnac, 13 A D 2d 650, and cases cited). However, not every case lends itself to this procedure (Power v. Falk, 15 A D 2d 216) and we find that the interests of justice would best be served by a new trial. Concur—■ Rabin, J. P., Valente, McNally, Stevens and Steuer, JJ.

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Bluebook (online)

15 A.D.2d 911, 225 N.Y.S.2d 953, 1962 N.Y. App. Div. LEXIS 10767, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pordy-v-scot-service-co-nyappdiv-1962.

Opinion

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