Legal Opinion
Lee v. Lesniak
Appellate Division of the Supreme Court of the State of New York
Decided October 26, 1972No. Appeal No. 1PublishedCited by 14 opinions
1Opinion of the Court
Judgment unanimously affirmed, with costs to plaintiff. Memorandum: The plaintiffs are entitled to the most favorable view of the evidence, including reasonable inferences which may be drawn therefrom (Owen v. Rochester-Penfield Bus Co., 304 N. Y. 457); only the jury is endowed with the right to pass on conflicting evidence, as well as credibility of witnesses (Swensson v. New York, Albany Desp. Co., 309 N. Y. 497, 505); and we may disturb the jury's finding only if it may be said that “the preponderance of the evidence was so great that the jury could not have reached the verdict it did on ‘…
2Cases cited3 opinions
- Swensson v. New York, Albany Despatch Co.New York Court of Appeals · 1956
- Rapant v. OgsburyAppellate Division of the Supreme Court of the State of New York · 1952
- Owen v. Rochester-Penfield Bus Co.New York Court of Appeals · 1952
3Cited by14 opinions
- Loeb v. TeitelbaumAppellate Division of the Supreme Court of the State of New York · 1980
- O'Boyle v. Avis Rent-A-Car System, Inc.Appellate Division of the Supreme Court of the State of New York · 1981
- Rainbow v. Albert Elia Building Co.Appellate Division of the Supreme Court of the State of New York · 1975
- Taype v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1981
- Incardona v. Home Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1977
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