Rudes v. Walrath — 56 N.Y.2d 703

Majority

p. 703

Joanne M. Rudes, as Administratrix of the Estate of Lyle M. Rudes, Jr., Deceased, Appellant, v Raymond G. Walrath et al., Respondents.

Decided May 6, 1982

p. 704

APPEARANCES OF COUNSEL

Victor J. Ciabotti for appellant.

Leonard H. Amdursky for Raymond G. Walrath and another, respondents.

p. 705

Henry S. Fraser for Guy V. Marcinko, respondent.

OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order affirmed, with costs. The determination by the Appellate Division which reverses Trial Term’s setting aside of a jury verdict as being against the weight of the credible evidence is beyond this court’s power of review (Goehle v Town of Smithtown, 55 NY2d 995 ; Rochester Tel. Corp. v Green Is. Constr. Corp., 51 NY2d 788 ; Gutin v Mascali & Sons, 11 NY2d 97 , 99; see Cohen and Karger, Powers of the New York Court of Appeals [rev ed], § 148, p 588). As to the defects in the charge discussed in the dissent at the Appellate Division, no question of law was preserved for review by this court.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

Cases cited

Rochester Telephone Corp. v. Green Island Construction Corp. 51 NY2d 788 N.Y. 1980-10-07 p. 705
Gutin v. Mascali & Sons, Inc. 11 NY2d 97 N.Y. 1962-03-01 at 99 p. 705