Legal Opinion
Gutin v. Mascali & Sons, Inc.
New York Court of Appeals
Decided March 1, 1962PublishedCited by 19 opinions
1Opinion of the Court
Chief Judge Desmond.
The Appellate Division determination which reverses a Trial Term order (Civ. Prac. Act, § 549) for a new trial in a personal injury action and reinstates the verdict for defendant is not subject to review by this court. Whether the Trial Justice set aside the no-cause verdict as against the weight of evidence or because of alleged improprieties (not objected to) in the defense summation, or for both those reasons, this court cannot re-examine the Appellate Division’s exercise of discretion in refusing to allow the new trial (Young v. Davis, 30 N. Y. 134; Kennicutt v.…
2Cases cited11 opinions
- Johnson v. LutzNew York Court of Appeals · 1930
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Williams v. AlexanderNew York Court of Appeals · 1955
- O'Connor v. PapertsianNew York Court of Appeals · 1956
- Chesebrough v. . ConoverNew York Court of Appeals · 1893
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- Moffatt v. MoffattNew York Court of Appeals · 1984
- Miller v. MillerNew York Court of Appeals · 1986
- Tate v. ColabelloNew York Court of Appeals · 1983
- The Matter of New York City Asbestos Litigation , Doris Kay Dummitt v. A.W. Chesterton , The Matter of Eighth Judicial District Asbestos Litigation , Joann H. Suttner v. A.W. Chesterton CompanyNew York Court of Appeals · 2016
14 more not listed; retrieve them via the Exa API.