Legal Opinion
Phillips v. Katzman
Appellate Division of the Supreme Court of the State of New York
Decided December 6, 2011PublishedCited by 4 opinions
1Opinion of the Court
Great deference is given to a jury’s determination as to issues of credibility. However, “that principle should not be carried to such an extreme that a verdict is allowed to stand based on testimony which is utterly incredible as a matter of law because it is manifestly untrue, physically impossible, or contrary to common experience, and such testimony should be disregarded as being without evidentiary value notwithstanding that is is uncontradicted” (Cruz v New York City Tr. Auth., 31 AD3d 688, 690 [2006], affd 8 NY3d 825 [2007]).
The trial court correctly determined that “the jury could not…
2Cases cited6 opinions
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- McDermott v. Coffee Beanery, Ltd.Appellate Division of the Supreme Court of the State of New York · 2004
- Rivera v. MTA Long Island BusAppellate Division of the Supreme Court of the State of New York · 2007
- Alli v. LucasAppellate Division of the Supreme Court of the State of New York · 2010
- Cruz v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2006
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Torres v. DiazAppellate Division of the Supreme Court of the State of New York · 2017
- Baje Realty Corp. v. CutlerAppellate Division of the Supreme Court of the State of New York · 2012
- Baje Realty Corp. v. CutlerAppellate Division of the Supreme Court of the State of New York · 2012
- Lezama v. Judlau Contr., Inc.Appellate Division of the Supreme Court of the State of New York · 2022