GOEHLE v. TOWN OF SMITHTOWN


55 N.Y.2d 995 (1982)

Francis X. Goehle, Jr., Individually and as Parent and Natural Guardian of John Goehle, an Infant, Appellant, v. Town of Smithtown, Respondent.

Court of Appeals of the State of New York.

Decided February 23, 1982.


Attorney(s) appearing for the Case

Robert C. Minion for appellants.

Marshall D. Sweetbaum for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


MEMORANDUM.

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

A determination by the Appellate Division which reverses an order of Trial Term setting aside a jury verdict as against the weight of the credible evidence, although appealable, is beyond this court's power of review. In the posture in which this case comes before us, there must be an automatic affirmance. (Rochester Tel. Corp. v Green...

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