Appellate Division of the Supreme Court of New York, 1914

Buckley v. Collyer

Appellate Division of the Supreme Court of New York · Decided April 22, 1914

147 N.Y.S. 1101 (New York Supplement)

Counsel

ordered. Gi~ord, Hobbs & Beard, of New York City, for appellant., Ernest W. Hofstatter (George A. Wyre, of Nyack, of counsel), for respondent.

Opinion of the Court

PER CURIAM.

The plainti~'s testimony is so contradicted by the documentary evidence, and the amount of the award seems so excessive, that it appears quite evident that the jury's verdict is not founded upon a proper consideration of the evidence, but is based on mistake or bias. Judgment is therefore reversed, and a new trial ordered, with costs to appellant to abide the event.

LEHMAN and WHITAKER, JJ., concur. PAGE, J., dissents.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.