Goehle v. Town of Smithtown
Cases that cite this one
8 later published cases cite this decision.
- Kleartone Transparent Products Co. v. Dun & Bradstreet, Inc. (Appellate Division of the Supreme Court of New York 1986)
- Glick v. M. A. Hittner & Sons, Inc. (Appellate Division of the Supreme Court of New York 1985)
- Weber v. City of New York (N.Y. 1984)
- Vadala v. Carroll (N.Y. 1983)
- Tate v. Colabello (N.Y. 1983)
- Aiello v. Garahan (N.Y. 1983)
- Rudes v. Walrath (N.Y. 1982)
- Kenny v. George A. Fuller Co. (Appellate Division of the Supreme Court of New York 1982)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
A determination by the Appellate Division which reverses an order of Trial Term setting aside a jury verdict as against the weight of the credible evidence, although appealable, is beyond this, court’s power of review. In the posture in which this case comes before us, there must be an automatic affirmance. (Rochester Tel. Corp. v Green Is. Constr. Corp., 51 NY2d 788; Pfohl v Wipperman, 34 NY2d 597; Gutin v Mascali & Sons, 11 NY2d 97; see Cohen and Karger, Powers of the New York Court of Appeals [rev ed], § 148, p 588.)
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.
Order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.