Holland v. Blake

Full title: GRACE HOLLAND, Appellant, v. ALBERT E. BLAKE, Respondent

Court: Court of Appeals of the State of New York

Date published: Nov 1, 1972

31 N.Y.2d 734 (N.Y. 1972)

338 N.Y.S.2d 108

290 N.E.2d 147

Opinion

Argued October 3, 1972

Decided November 1, 1972

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, NORMAN L. HARVEY, J.

Richard C. Bendall for appellant.

James M. Conboy for respondent.

Order affirmed, without costs, in the following memorandum: In reviewing determinations addressed to the fairness of trials and the rendition of verdicts, an Appellate Division is vested with the general power of the Supreme Court — a power also exercised at Trial Term. Absent a demonstrated error of law, such as an abuse of discretion, this court in reviewing the Appellate Division will not interfere with the exercise of that power.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.