Daly v. Casey

Full title: EUGENIA DALY, an Infant, by Her Parent and Father, MICHAEL DALY, et al.…

Court: Court of Appeals of the State of New York

Date published: Dec 29, 1975

345 N.E.2d 582 (N.Y. 1975)

345 N.E.2d 582

382 N.Y.S.2d 39

Opinion

Argued November 25, 1975

Decided December 29, 1975

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department.

Joseph P. Napoli, Harry H. Lipsig and Carole R. Moskowitz for appellants.

Alfred S. Julien and Thomas E. Paterson for respondent.

Order reversed, with costs, and a new trial granted. However incredible the evidence may have been, as a practical matter it cannot be said that it was incredible as a matter of law, and therefore the complaint should not have been dismissed (cf. Naeris v New York Tel. Co., 5 N.Y.2d 1009).

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.