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Carciofolo v. U.S. Fire Insurance Company

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 2, 1971
38 A.D.2d 672 (N.Y. App. Div. 1971)

Summary

In Carciofolo v US Fire Ins Co, 38 A.D.2d 672; 327 N.Y.S.2d 141 (1971), the court was similarly cryptic in stating that "upon the record before us" evidence relating to the insured's financial status before the fire had probative force on the issue of motive.

Summary of this case from Smith v. Michigan Basic Ins

Opinion

December 2, 1971

Appeal from the Onondaga County Court.

Present — Marsh, J.P., Witmer, Gabrielli, Moule and Cardamone, JJ.


Order of Onondaga County Court and judgments of Syracuse City Court unanimously reversed on the law and facts, motion for directed verdict denied and new trial granted, with costs to abide the event. Memorandum: Upon the evidence adduced at the trial, we are of the opinion that the court erred in directing a verdict in plaintiff's favor at the close of the entire case. In so doing, the court was required to take the view of the evidence most favorable to the defendants, and, from the evidence and inferences reasonably to be drawn therefrom, to determine whether under the law a verdict might be found for the defendants ( Holmberg v. Donohue, 24 A.D.2d 569). The test is not whether a verdict for the defendants would be set aside as contrary to the weight of the evidence, but whether by any rational process the jury could find for the defendants ( Prince v. City of New York, 21 A.D.2d 668). We think the evidence was sufficient to require the court to submit to the jury the question whether respondent's acts caused the fire that consumed the property insured. ( Clover Crest Stock Farm v. New York Cent. Mut. Fire Ins. Co., 189 App. Div. 548.) Since we are remitting for a new trial we take this opportunity to note that the rulings sustaining objections interposed by plaintiff to the introduction of evidence relating to his financial status prior to the fire, were erroneous. Such evidence upon the record before us, has probative force regarding the issue of defendants' claim of motive, or lack thereof, on the charge of incendiarism.


Summaries of

Carciofolo v. U.S. Fire Insurance Company

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 2, 1971
38 A.D.2d 672 (N.Y. App. Div. 1971)

In Carciofolo v US Fire Ins Co, 38 A.D.2d 672; 327 N.Y.S.2d 141 (1971), the court was similarly cryptic in stating that "upon the record before us" evidence relating to the insured's financial status before the fire had probative force on the issue of motive.

Summary of this case from Smith v. Michigan Basic Ins

In Carciofolo v United States Fire Ins. Co. (38 A.D.2d 672) we stated that evidence relating to the plaintiff's financial status before the fire had "probative force regarding the issue of defendants' claim of motive, or lack thereof, on the charge of incendiarism".

Summary of this case from Patane v. Reliance Insurance Company

In Carciofolo v U.S. Fire Ins. Co. (38 A.D.2d 672), the Fourth Department held that evidence relating to the defendant's prefire financial status had "probative force regarding the issue of defendants' claim of motive, or lack thereof, on the charge of incendiarism".

Summary of this case from Cronk v. Fire Relief Assn
Case details for

Carciofolo v. U.S. Fire Insurance Company

Case Details

Full title:PETER CARCIOFOLO, Individually and Doing Business as CARR UPHOLSTERING…

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

Date published: Dec 2, 1971

Citations

38 A.D.2d 672 (N.Y. App. Div. 1971)

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Plaintiff's financial status is obviously relevant in determining whether he had a motive to destroy the…

Smith v. Michigan Basic Ins

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