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Weiss v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Oct 3, 1963
19 A.D.2d 802 (N.Y. App. Div. 1963)

Opinion

October 3, 1963


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 Marton v. McCasland, 16 A.D.2d 781, 782).

Concur — McNally, Stevens, Eager and Steuer, JJ.; Breitel, J.P., dissents and votes to affirm.


Summaries of

Weiss v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Oct 3, 1963
19 A.D.2d 802 (N.Y. App. Div. 1963)
Case details for

Weiss v. City of New York

Case Details

Full title:HARRY WEISS, an Infant, by MOSES WEISS, His Guardian ad Litem, et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 3, 1963

Citations

19 A.D.2d 802 (N.Y. App. Div. 1963)