Daly v. Casey
New York Court of Appeals
Daly v. Casey, 38 N.Y.2d 808 (N.Y. 1975)
345 N.E.2d 582; 382 N.Y.S.2d 39; 1975 N.Y. LEXIS 2400
Daly v. Casey
Opinion of the Court
Order reversed, with costs, and a new trial granted. However incredible the evidence may have been, as a practical matter it cannot be said that it was incredible as a matter of law, and therefore the complaint should not have been dismissed (cf. Naeris v New York Tel. Co., 5 NY2d 1009).
Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.
Reference
- Full Case Name
- Eugenia Daly, an Infant, by Her Parent and Father, Michael Daly v. Howard V. Casey, and Tidewater Oil Company
- Cited By
- 3 cases
- Status
- Published