McMahon v. City of New York

Full title: JAMES J. McMAHON, Respondent, v. CITY OF NEW YORK, Appellant

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

Date published: Feb 25, 1985

108 A.D.2d 902 (N.Y. App. Div. 1985)

Opinion

February 25, 1985

Appeal from the Supreme Court, Kings County (Levine, J.).

Judgment reversed, on the facts, and new trial granted, with costs to abide the event.

Under the totality of the circumstances, we find the verdict to be contrary to the weight of the credible evidence and a new trial is therefore required. Because a new trial is required, we note that the points raised by defendant on appeal concerning allegedly erroneous evidentiary rulings and an allegedly erroneous charge have been considered and have been found to be without merit. Titone, J.P., Thompson, O'Connor and Eiber, JJ., concur.