Weiss v. City of New York

Appellate Division of the Supreme Court of New York

Weiss v. City of New York

19 A.D.2d 802, 243 N.Y.S.2d 253, 1963 N.Y. App. Div. LEXIS 3175

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

DecidedOctober 3, 1963

StatusPublished

This text of 19 A.D.2d 802 (Weiss v. City of New York) 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

Weiss v. City of New York, 19 A.D.2d 802, 243 N.Y.S.2d 253, 1963 N.Y. App. Div. LEXIS 3175 (N.Y. Ct. App. 1963).

Pincite

Opinion

Order, entered on January 3, 1962, setting aside verdict, reversed, on the law, and verdict reinstated, with $20 costs and disbursements in favor of defendant Board of Education against plaintiff. There was substantial evidence from which the jury could have resolved the issues both of negligence and contributory negligence as they did. Consequently it was error to disturb the verdict. A jury verdict in favor of defendant is not to be set aside unless it appears plainly that the- evidence so preponderates in favor of the plaintiff that an opposite conclusion could not have been reached on any fair interpretation (see collation of authorities in Marion v. McCasland, 16 A D 2d 781, 782). Concur- — McNally, Stevens, Eager and Steuer, JJ.; Breitel, J. P., dissents and votes to affirm.

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Order, entered on January 3, 1962, setting aside verdict, reversed, on the law, and verdict reinstated, with $20 costs and disbursements in favor of defendant Board of Education against plaintiff. There was substantial evidence from which the jury could have resolved the issues both of negligence and contributory negligence as they did. Consequently it was error to disturb the verdict. A jury verdict in favor of defendant is not to be set aside unless it appears plainly that the- evidence so preponderates in favor of the plaintiff that an opposite conclusion could not have been reached on any fair interpretation (see collation of authorities in Marion v. McCasland, 16 A D 2d 781, 782). Concur- — McNally, Stevens, Eager and Steuer, JJ.; Breitel, J. P., dissents and votes to affirm.

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Bluebook (online)

19 A.D.2d 802, 243 N.Y.S.2d 253, 1963 N.Y. App. Div. LEXIS 3175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weiss-v-city-of-new-york-nyappdiv-1963.