Weber v. City of New York

Full title: JOHN WEBER et al., Appellants, v. CITY OF NEW YORK, Defendant, and NEW…

Court: Court of Appeals of the State of New York

Date published: Oct 16, 1984

63 N.Y.2d 886 (N.Y. 1984)

483 N.Y.S.2d 200

472 N.E.2d 1028

Opinion

Decided October 16, 1984

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Irwin Silbowitz, J.

Richard D. Friedman for appellant.

Lester E. Fetell for New York City Housing Authority, respondent.

John M. Clarke and Joel Blossom for New York Telephone Company, respondent, precluded.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The order from which the appeal is taken is one which reversed an order of Special Term granting plaintiffs' motion to set aside the jury verdict as against the weight of the evidence and for a new trial. The determination by the Appellate Division, contrary to that of the Trial Judge, that the verdict was not against the weight of the evidence is beyond our power of review ( Goehle v Town of Smithtown, 55 N.Y.2d 995; Rochester Tel. Corp. v Green Is. Constr. Corp., 51 N.Y.2d 788). There must therefore be an affirmance.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, in a memorandum.