Legal Opinion
Miller v. Merrell
New York Court of Appeals
Decided May 7, 1981PublishedCited by 6 opinions
1Opinion of the Court
*883OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, and the judgment of the Supreme Court should be reinstated.
The Appellate Division having reversed on the facts, our task is to determine which findings are supported by the weight of the credible evidence (Electrolux Corp. v Val-Worth, Inc., 6 NY2d 556, 563; Cohen and Karger, Powers of the New York Court of Appeals, § 112; 4 NY Jur 2d, Appellate Review, p 462, § 361; cf. Matter of Mahoney v May, 40 NY2d 906), taking into account in a close case “the fact that the trial judge had the advantage of…
2Cases cited3 opinions
- York Mortgage Corp. v. Clotar Construction Corp.New York Court of Appeals · 1930
- Electrolux Corp. v. Val-Worth, Inc.New York Court of Appeals · 1959
- Mahoney v. MayNew York Court of Appeals · 1976
3Cited by6 opinions
- Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
- Loughry v. Lincoln First Bank, N. A.New York Court of Appeals · 1986
- Suria v. ShiffmanNew York Court of Appeals · 1986
- Bontecou v. GoldmanAppellate Division of the Supreme Court of the State of New York · 1984
- Tmg II v. United StatesDistrict Court, District of Columbia · 1991
1 more not listed; retrieve them via the Exa API.