Legal Opinion
Goehle v. Town of Smithtown
New York Court of Appeals
Decided February 23, 1982PublishedCited by 8 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
A determination by the Appellate Division which reverses an order of Trial Term setting aside a jury verdict as against the weight of the credible evidence, although appealable, is beyond this, court’s power of review. In the posture in which this case comes before us, there must be an automatic affirmance. (Rochester Tel. Corp. v Green Is. Constr. Corp., 51 NY2d 788; Pfohl v Wipperman, 34 NY2d 597; Gutin v Mascali & Sons, 11 NY2d 97; see Cohen and Karger, Powers of the New York Court of Appeals…
2Cases cited3 opinions
- Gutin v. Mascali & Sons, Inc.New York Court of Appeals · 1962
- Pfohl v. WippermanNew York Court of Appeals · 1974
- Rochester Telephone Corp. v. Green Island Construction Corp.New York Court of Appeals · 1980
3Cited by8 opinions
- Tate v. ColabelloNew York Court of Appeals · 1983
- Kenny v. George A. Fuller Co.Appellate Division of the Supreme Court of the State of New York · 1982
- Vadala v. CarrollNew York Court of Appeals · 1983
- Glick v. M. A. Hittner & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- Aiello v. GarahanNew York Court of Appeals · 1983
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