Reckler v. British America Assurance Co.

Appellate Terms of the Supreme Court of New York

Reckler v. British America Assurance Co.

197 Misc. 409, 95 N.Y.S.2d 822, 1950 N.Y. Misc. LEXIS 1479

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 5, 1950

StatusPublished

This text of 197 Misc. 409 (Reckler v. British America Assurance Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Reckler v. British America Assurance Co., 197 Misc. 409, 95 N.Y.S.2d 822, 1950 N.Y. Misc. LEXIS 1479 (N.Y. Ct. App. 1950).

Pincite

Opinion

Per Curiam.

The verdict rendered in favor of plaintiffs is supported by credible evidence and it was error for the court below to set aside the verdict and dismiss the complaint upon the ground that the evidence of plaintiffs’ witnesses concerning the fire and flames on the workbench is incredible. The weight of the credible evidence is not opposed to the theory of the plaintiffs.

The judgment and order should be reversed, with costs, motions to set aside the verdict and to dismiss the complaint denied, and verdict for plaintiffs reinstated.

Hammer, Hofstadter and Eder, JJ., concur.

Judgment and order reversed, etc.

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Per Curiam.

The verdict rendered in favor of plaintiffs is supported by credible evidence and it was error for the court below to set aside the verdict and dismiss the complaint upon the ground that the evidence of plaintiffs’ witnesses concerning the fire and flames on the workbench is incredible. The weight of the credible evidence is not opposed to the theory of the plaintiffs.

The judgment and order should be reversed, with costs, motions to set aside the verdict and to dismiss the complaint denied, and verdict for plaintiffs reinstated.

Hammer, Hofstadter and Eder, JJ., concur.

Judgment and order reversed, etc.

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Bluebook (online)

197 Misc. 409, 95 N.Y.S.2d 822, 1950 N.Y. Misc. LEXIS 1479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reckler-v-british-america-assurance-co-nyappterm-1950.