Legal Opinion

Byrnes v. Varlack

Appellate Division of the Supreme Court of the State of New York

Decided April 25, 2005PublishedCited by 11 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the defendant Charlesworth Varlack appeals from a judgment of the Supreme Court, Kings County (Vaughan, J.), dated December 8, 2003, which, upon jury verdicts on the issues of liability and damages and upon the denial of his motions pursuant to CPLR 4404, inter alia, to set aside the verdicts on liability and damages as against the weight of the evidence, is in favor of the plaintiff and against him in the principal sum of $270,000.

Ordered that the judgment is reversed, on the facts and as a matter of discretion, and a new trial is…

2Cases cited5 opinions

  1. Romero v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
  2. In re the Estate of ShepardAppellate Division of the Supreme Court of the State of New York · 2001
  3. Herbert v. Edwards Super Food Stores-Finast Supermarkets, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  4. Evangelinos v. ReifschneiderAppellate Division of the Supreme Court of the State of New York · 1997
  5. Josephson v. HigginsAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by11 opinions

  1. Peak v. Northway Travel Trailers, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  2. Colon v. BaileyAppellate Division of the Supreme Court of the State of New York · 2006
  3. Zysk v. BleyAppellate Division of the Supreme Court of the State of New York · 2005
  4. Hodges v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
  5. Lila v. BataAppellate Division of the Supreme Court of the State of New York · 2006

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