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

  1. Naeris v. New York Telephone Co.New York Court of Appeals · 1959

3Cited by3 opinions

  1. Somersall v. New York Telephone Co.New York Court of Appeals · 1981
  2. Gaeta v. MorganAppellate Division of the Supreme Court of the State of New York · 1991
  3. Somersall v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1980