Shane v. St. Paul's United Methodist Church

Appellate Division of the Supreme Court of New York

Shane v. St. Paul's United Methodist Church

56 A.D.2d 597, 391 N.Y.S.2d 465, 1977 N.Y. App. Div. LEXIS 10667

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

DecidedFebruary 15, 1977

StatusPublished

Cited by1 cases

This text of 56 A.D.2d 597 (Shane v. St. Paul's United Methodist Church) 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

Shane v. St. Paul's United Methodist Church, 56 A.D.2d 597, 391 N.Y.S.2d 465, 1977 N.Y. App. Div. LEXIS 10667 (N.Y. Ct. App. 1977).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Kings County, entered January 8, 1976, which is in favor of defendant and against her, upon the trial court’s granting of defendant’s motion to set aside the jury verdict in her favor. Judgment reversed, on the law, and new trial granted, with costs to abide the event. In our opinion the verdict was contrary to the weight of the evidence, but was not incredible as a matter of law. In such a situation, a new trial is preferable (see CPLR 4404, subd [a]; 4 Weinstein-Korn-Miller, NY Civ Prac, par 4404.08). The cases relied upon by the Trial Judge (Goldstein v Lentino Constr. Corp., 8 AD2d 274; Abruzzo v Board of Educ., 12 AD2d 797; Cavadi v New York City Tr. Auth., 7 AD2d 299) are similar to the instant case in that each plaintiff changed his or her testimony on the eve of trial. However, it will be noted that in each of those cases a new trial was granted. Latham, Acting P. J., Margett, Suozzi and Mollen, JJ., concur.

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In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Kings County, entered January 8, 1976, which is in favor of defendant and against her, upon the trial court’s granting of defendant’s motion to set aside the jury verdict in her favor. Judgment reversed, on the law, and new trial granted, with costs to abide the event. In our opinion the verdict was contrary to the weight of the evidence, but was not incredible as a matter of law. In such a situation, a new trial is preferable (see CPLR 4404, subd [a]; 4 Weinstein-Korn-Miller, NY Civ Prac, par 4404.08). The cases relied upon by the Trial Judge (Goldstein v Lentino Constr. Corp., 8 AD2d 274; Abruzzo v Board of Educ., 12 AD2d 797; Cavadi v New York City Tr. Auth., 7 AD2d 299) are similar to the instant case in that each plaintiff changed his or her testimony on the eve of trial. However, it will be noted that in each of those cases a new trial was granted. Latham, Acting P. J., Margett, Suozzi and Mollen, JJ., concur.

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Bluebook (online)

56 A.D.2d 597, 391 N.Y.S.2d 465, 1977 N.Y. App. Div. LEXIS 10667, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shane-v-st-pauls-united-methodist-church-nyappdiv-1977.

Opinion

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