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Evan v. Wilson

Appellate Division of the Supreme Court of New York, Second Department
Jun 11, 1979
70 A.D.2d 895 (N.Y. App. Div. 1979)

Opinion

June 11, 1979


In a negligence action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Queens County, entered February 24, 1978, which dismissed the complaint upon the trial court's setting aside the jury's verdict in favor of the plaintiff, after a trial limited to the issue of liability. Judgment reversed, on the law, and new trial granted as to the issue of liability, with costs to abide the event. The jury verdict in favor of the plaintiff was against the weight of the evidence. Accordingly, the trial court correctly set aside the verdict. However, the court should have granted a new trial rather than dismiss the complaint (see Martin v. City of Albany, 42 N.Y.2d 13, 19). Titone, J.P., O'Connor, Shapiro, Martuscello and Mangano, JJ., concur.


Summaries of

Evan v. Wilson

Appellate Division of the Supreme Court of New York, Second Department
Jun 11, 1979
70 A.D.2d 895 (N.Y. App. Div. 1979)
Case details for

Evan v. Wilson

Case Details

Full title:MICHAEL EVAN, Appellant, v. FRED W. WILSON, et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 11, 1979

Citations

70 A.D.2d 895 (N.Y. App. Div. 1979)

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