From Casetext: Smarter Legal Research

Guaspari v. Gorsky

Court of Appeals of the State of New York
Jan 5, 1972
278 N.E.2d 913 (N.Y. 1972)

Opinion

Argued November 23, 1971

Decided January 5, 1972

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, RICHARD D. SIMONS, J.

Donald L. Schoenwald for appellant.

Paul L. Pileckas for respondents.


Appeal dismissed, without costs, on the ground that no appeal lies as of right under CPLR 5601 (subd. [a], par. [i]), since neither of the dissents in the Appellate Division is on a stated question of law which would be reviewable in this court. Both dissents rest only on questions of fact or discretion not reviewable by this court, namely, whether the jury's verdict in plaintiffs' favor was against the weight of the evidence and whether the Appellate Division should have exercised its discretionary power to order a new trial in the interests of justice. The claimed error in the trial court's charge, to which reference is made in one of the dissents, does not present any reviewable question of law since no objection was taken thereto at the trial (CPLR 4017, 5501, subd. [a], par. 3; see Miles v. R M Appliance Sales, 26 N.Y.2d 451, 454).


Summaries of

Guaspari v. Gorsky

Court of Appeals of the State of New York
Jan 5, 1972
278 N.E.2d 913 (N.Y. 1972)
Case details for

Guaspari v. Gorsky

Case Details

Full title:RICHARD GUASPARI, as Administrator of the Estate of YOLANDA GUASPARI…

Court:Court of Appeals of the State of New York

Date published: Jan 5, 1972

Citations

278 N.E.2d 913 (N.Y. 1972)
278 N.E.2d 913
328 N.Y.S.2d 679

Citing Cases

Nelson v. Jamaica Buses, Inc.

William Kupferberg opposed. Motion granted and appeal dismissed, without costs, upon the ground that no…

Yonkers Urban Renewal Agency v. Fields

Morton N. Wekstein and George I. Cohen for respondents. Appeal dismissed, without costs, upon the ground that…