Vaughn-Rees v. Connolly

• Court: New York Court of Appeals Court of Appeals
• Citation: Vaughn-Rees v. Connolly, 317 N.Y.S.2d 371, 27 N.Y.2d 901 (N.Y. 1970)
• Decision Date: 25 November 1970
• Docket Number: VAUGHN-REES
• Parties: , 265 N.E.2d 779 Jennifer Annet al., Appellants, v. John W. CONNOLLY, Jr., Respondent.

Page 371

317 N.Y.S.2d 371

27 N.Y.2d 901, 265 N.E.2d 779

Jennifer Ann VAUGHN-REES et al., Appellants, v. John W. CONNOLLY, Jr., Respondent.

Court of Appeals of New York.

Nov. 25, 1970.

Appeal from Supreme Court, Appellate Division, First Department, 30 A.D.2d 785, 291 N.Y.S.2d 705.

Fuchsberg & Fuchsberg, New York City (George Berkowitz, New York City, of counsel), for plaintiffs-appellants.

Thomas V. Kingham, New York City (Bernard Meyerson, Brooklyn, of counsel), for defendant-respondent.

Action was brought for injuries sustained in automobile accident, for loss of services, medical expenses, and loss of earnings. The jury rendered a verdict for defendant, but the trial court set aside verdict as against the weight of credible evidence, and the defendant appealed.

The Appellate Division reversed and remitted. The Appellate Division held that since jury reached a determination on an interpretation of matters concededly within its sphere, its verdict should not have been set aside because trial court drew from facts conclusions different from those fairly drawn by...