O'Connell v. Jacobs

Full title: MARY K. O'CONNELL, Appellant, v. MAX JACOBS et al., Individually and as…

Court: Court of Appeals of the State of New York

Date published: Feb 11, 1993

81 N.Y.2d 797 (N.Y. 1993)

595 N.Y.S.2d 388

611 N.E.2d 289

Opinion

Argued January 7, 1993

Decided February 11, 1993

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Thomas F. McGowan, J.

Dempsey Dempsey, Buffalo (Helen Kaney Dempsey and James C. Sloan of counsel), for appellant.

Saperston Day, P.C., Buffalo (Neil A. Goldberg and Lawrence A. Schulz of counsel), for respondent.

Order affirmed, with costs. We agree for the reasons stated by the Appellate Division ( 181 A.D.2d 1064) that the admissible evidence was insufficient to sustain the verdict.

Concur: Acting Chief Judge SIMONS and Judges KAYE, TITONE, HANCOCK, JR., BELLACOSA and SMITH.