Muhaymin v. Negron

Birns, J. P., and Silverman, J.,

dissent in a memorandum by Birns, J. P., as follows: On an emotional approach to the facts of this case, it is not difficult to express an opinion, as the majority has, that the verdict of the jury was wrong and should be rejected in order to give the plaintiff a new trial. The determination of issues in a court of law, especially an appellate court, should not rest upon such an ephemeral basis. It should be based upon valid legal argument rooted in the record. An appellate court, among other things, is required to review the record and determine within the…