Daly v. Casey
Daly v. Casey
38 N.Y.2d 808; 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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.