Legal Opinion
Gentilala v. Fay Taxicabs, Inc.
New York Court of Appeals
Decided October 19, 1926PublishedCited by 15 opinions
1Opinion of the CourtCrane, J.
We agree fully with what the Appellate Division has stated regarding Civil Practice Rule 107 and section 278 of the Civil Practice Act. We do not think, however, that the attempt of the trial judge to misapply these provisions required as matter of law the reversal of the judgment.
The action, which is one for negligence, was tried out upon the merits and resulted in a verdict for the plaintiff which the Appellate Division has stated was fully justified by the evidence. The error, if it be error, which moved the Appellate Division to grant a new trial was a ruling of the trial judge which had…
2Cases cited2 opinions
- Matter of Petition of ButlerNew York Court of Appeals · 1886
- Porter v. . KingsburyNew York Court of Appeals · 1879
3Cited by15 opinions
- Fell v. McCreadyAppellate Division of the Supreme Court of the State of New York · 1932
- Ferrandino v. CartelliAppellate Division of the Supreme Court of the State of New York · 1960
- Dailey v. Northern New York Utilities, Inc.New York Supreme Court · 1927
- Harley v. HarleyNew York Supreme Court · 1959
- Watkins v. Pacific Finance Corp.Appellate Division of the Supreme Court of the State of New York · 1940
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