Legal Opinion
Daly v. Casey
New York Court of Appeals
Decided December 29, 1975PublishedCited by 3 opinions
1Opinion of the Court
Order reversed, with costs, and a new trial granted. However incredible the evidence may have been, as a practical matter it cannot be said that it was incredible as a matter of law, and therefore the complaint should not have been dismissed (cf. Naeris v New York Tel. Co., 5 NY2d 1009).
Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.
2Cases cited1 opinion
- Naeris v. New York Telephone Co.New York Court of Appeals · 1959
3Cited by3 opinions
- Somersall v. New York Telephone Co.New York Court of Appeals · 1981
- Gaeta v. MorganAppellate Division of the Supreme Court of the State of New York · 1991
- Somersall v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1980