Weber v. City of New York

New York Court of Appeals October 16, 1984

Weber v. City of New York, 63 N.Y.2d 886 (N.Y. 1984)

472 N.E.2d 1028; 483 N.Y.S.2d 200; 1984 N.Y. LEXIS 4687

Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The order from which the appeal is taken is one which reversed an order of Special Term granting plaintiffs’ motion to set aside the jury verdict as against the weight of the evidence and for a new trial. The determination by the Appellate Division, contrary to that of the Trial Judge, that the verdict was not against the weight of the evidence is beyond our power of review (Goehle v Town of Smith-town, 55 NY2d 995; Rochester Tel. Corp. v Green Is. Constr. Corp., 51 NY2d 788). There must therefore be an affirmance.

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.

Reference

Full Case Name: John Weber v. City of New York, and New York City Housing Authority, (And Third- and Fourth-Party Actions.)
Cited By: 4 cases
Status: Published