Opinion · Appellate Division of the Supreme Court of the State of New York
Del Cerro v. City of New York
Del Cerro v. City of N.Y., 46 A.D.2d 898 (Appellate Division of the Supreme Court of the State of New York 1974)
- Type
- Opinion
- Court
- Appellate Division of the Supreme Court of the State of New York
- Jurisdiction
- New York
- Date
- 1974-12-16
- Topic
- general
In an action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Kings County, entered August 3, 1973, in favor of defendant, upon a directed verdict. Judgment reversed, on the law and in the interests of justice, and new trial granted on the issues of liability, with costs to abide the event. The appeal presented no questions of fact. The evidence in this case presented a question of fact which was within the sole province of the jury to determine. Plaintiff’s version of the incident was corroborated by an independent witness and was not incredible as a matter of law.
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- 2 opinions
In an action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Kings County, entered August 3, 1973, in favor of defendant, upon a directed verdict. Judgment reversed, on the law and in the interests of justice, and new trial granted on the issues of liability, with costs to abide the event. The appeal presented no questions of fact. The evidence in this case presented a question of fact which was within the sole province of the jury to determine. Plaintiff’s version of the incident was corroborated by an independent witness and was not incredible as a matter of law. It was error for the trial court to direct a verdict under CPLR 4401, since under these circumstances defendant was not entitled to judgment as a matter of law.