Legal Opinion
Bolles v. County of Cattaraugus
Appellate Division of the Supreme Court of the State of New York
Decided June 22, 1990No. Appeal No. 2PublishedCited by 9 opinions
1Opinion of the Court
Order unanimously reversed on the law with costs and verdict reinstated. Memorandum: A Trial Judge should set aside a jury verdict of no cause of action only where the preponderance of evidence in favor of the plaintiff is so great that the jury could not have reached its determination upon any fair interpretation of the evidence (Crumb v Fallon, 156 AD2d 949; Kuncio v Fillmore Hosp., 117 AD2d 975, Iv denied 68 NY2d 608). The motion is addressed to the discretion of the trial court (Micallef v Miehle Co., 39 NY2d 376) but the court should be guided by the rule that, if the verdict is one…
2Cases cited5 opinions
- Micallef v. Miehle Co.New York Court of Appeals · 1976
- Harris v. ArmstrongNew York Court of Appeals · 1984
- Kuncio v. Millard Fillmore HospitalAppellate Division of the Supreme Court of the State of New York · 1986
- Harris v. ArmstrongAppellate Division of the Supreme Court of the State of New York · 1983
- Crumb v. FallonAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by9 opinions
- Ruddock v. HappellAppellate Division of the Supreme Court of the State of New York · 2003
- McLoughlin v. Hamburg Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1996
- Kash v. KroegerAppellate Division of the Supreme Court of the State of New York · 1995
- Texido v. S & R Car Rentals Toronto, Ltd.Appellate Division of the Supreme Court of the State of New York · 1997
- San George v. ProwseAppellate Division of the Supreme Court of the State of New York · 1999
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