Weber v. City of New York
This text of 472 N.E.2d 1028 (Weber v. City of New York) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
The order from which the appeal is taken is one which reversed an order of Special Term granting plaintiffs’ motion to set aside the jury verdict as against the weight of the evidence and for a new trial. The determination by the Appellate Division, contrary to that of the Trial Judge, that the verdict was not against the weight of the evidence is beyond our power of review (Goehle v Town of Smith-town, 55 NY2d 995; Rochester Tel. Corp. v Green Is. Constr. Corp., 51 NY2d 788). There must therefore be an affirmance.
Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.
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Cite This Page — Counsel Stack
472 N.E.2d 1028, 63 N.Y.2d 886, 483 N.Y.S.2d 200, 1984 N.Y. LEXIS 4687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weber-v-city-of-new-york-ny-1984.