Legal Opinion
Poplar Disposal Service, Inc. v. Roth
Appellate Division of the Supreme Court of the State of New York
Decided July 13, 1984PublishedCited by 3 opinions
1Opinion of the Court
— Judgment and order unanimously affirmed, without costs. Memorandum: The jury’s verdict was well within the range of testimony presented and should not be disturbed on appeal, particularly since valuation of the business rested primarily upon the credibility of the experts and their valuation techniques (see, e.g., Beechey v De Sorbo, 53 AD2d 727). While defendants would have been entitled to an instruction that proof of plaintiffs’ own estimate of the business’ value, as evidenced by their May, 1980 proposal, should be accorded great weight subject to explanation (see, e.g., Matter of…
2Cases cited7 opinions
- Matter of TillmanNew York Court of Appeals · 1932
- Prager v. New Jersey Fidelity & Plate Glass Insurance Co. of NewarkNew York Court of Appeals · 1927
- Moore v. Leaseway Transportation Corp.New York Court of Appeals · 1980
- Smith v. Brocton Preserving Co.Appellate Division of the Supreme Court of the State of New York · 1937
- Wozniak v. 110 South Main Street Land & Development Improvement Corp.Appellate Division of the Supreme Court of the State of New York · 1978
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3Cited by3 opinions
- Dempster v. DempsterAppellate Division of the Supreme Court of the State of New York · 1997
- In re the Dissolution of North Star Electrical Contracting—N.Y.C. Corp.Appellate Division of the Supreme Court of the State of New York · 1991
- In re the Dissolution of Penepent Corp.Appellate Division of the Supreme Court of the State of New York · 1993