Vadala v. Carroll
Cases that cite this one
18 later published cases cite this decision.
- The Matter of New York City Asbestos Litigation , Doris Kay Dummitt v. A.W. Chesterton , The Matter of Eighth Judicial District Asbestos Litigation , Joann H. Suttner v. A.W. Chesterton Company (N.Y. 2016)
- Campo v. Neary (Appellate Division of the Supreme Court of New York 2008)
- Sanly v. Nowak (Appellate Division of the Supreme Court of New York 2006)
- King v. Car Rentals, Inc. (Appellate Division of the Supreme Court of New York 2006)
- Pietrantoni v. Pietrantoni (Appellate Division of the Supreme Court of New York 2004)
- Simmons v. Weegar (Appellate Division of the Supreme Court of New York 2002)
- Donitz v. Mui (Appellate Division of the Supreme Court of New York 1998)
- Balastrieri v. Davis (Appellate Division of the Supreme Court of New York 1997)
- Copeman v. Moran (Appellate Division of the Supreme Court of New York 1997)
- Fallacaro v. McChrie-Robins (Appellate Division of the Supreme Court of New York 1997)
- Dubois v. Vanderwalker (Appellate Division of the Supreme Court of New York 1997)
- Canfield v. Giles (Appellate Division of the Supreme Court of New York 1992)
- Canfield v. Giles (Appellate Division of the Supreme Court of New York 1992)
- Decker v. Zema (Appellate Division of the Supreme Court of New York 1989)
- Zimmermann v. Spaziante (Appellate Division of the Supreme Court of New York 1988)
- Viegas v. Esposito (Appellate Division of the Supreme Court of New York 1987)
- Nicastro v. Park (Appellate Division of the Supreme Court of New York 1985)
- Green v. Meyer (Appellate Division of the Supreme Court of New York 1985)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
The Appellate Division’s determination that it was error to have set aside the verdict as against the weight of the evidence, although appealable, is beyond the scope of our review (Aiello v Garahan, 58 NY2d 1078; Mongelli Carting Co. v Nassau Ins. Co., 57 NY2d 649; Gutin v Mascali & Sons, 11 NY2d 97; see Cohen and Karger, Powers of the *753 New York Court of Appeals [rev ed], § 148, p 588). Due to the posture in which this case comes before us, there must be an automatic affirmance (Goehle v Town of Smithtown, 55 NY2d 995; Rochester Tel. Corp. v Green Is. Constr. Corp., 51 NY2d 788; Pfohl v Wipperman, 34 NY2d 597).
Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons concur; Judge Fuchsberg taking no part.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.