Legal Opinion

Vadala v. Carroll

New York Court of Appeals

Decided May 11, 1983PublishedCited by 19 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The Appellate Division’s determination that it was error to have set aside the verdict as against the weight of the evidence, although appealable, is beyond the scope of our review (Aiello v Garahan, 58 NY2d 1078; Mongelli Carting Co. v Nassau Ins. Co., 57 NY2d 649; Gutin v Mascali & Sons, 11 NY2d 97; see Cohen and Karger, Powers of the New York Court of Appeals [rev ed], § 148, p 588). Due to the posture in which this case comes before us, there must be an automatic affirmance (Goehle v Town of…

2Cases cited6 opinions

  1. Gutin v. Mascali & Sons, Inc.New York Court of Appeals · 1962
  2. Pfohl v. WippermanNew York Court of Appeals · 1974
  3. Rochester Telephone Corp. v. Green Island Construction Corp.New York Court of Appeals · 1980
  4. Goehle v. Town of SmithtownNew York Court of Appeals · 1982
  5. Aiello v. GarahanNew York Court of Appeals · 1983

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3Cited by19 opinions

  1. Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
  2. 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
  3. King v. Car Rentals, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  4. Viegas v. EspositoAppellate Division of the Supreme Court of the State of New York · 1987
  5. Campo v. NearyAppellate Division of the Supreme Court of the State of New York · 2008

14 more not listed; retrieve them via the Exa API.

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