Hyperlawhypertext legal databasebeta Leyva v. Levy 69 N.Y.2d 847

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Leyva v. Levy

69 N.Y.2d 847 Court N.Y. Decision date 1987-03-19 English

Contents

Majority

p. 847
Ann Leyva, Individually and as Administratrix of the Estate of Gustavo E. Leyva, Deceased, Appellant, v Abraham Levy, as Public Administrator of the County of Bronx and as the Administrator of the Estate of James R. Richardson, Deceased, Defendant, and City of New York, Respondent. (Action No. 1.) Charles McNeil et al., Appellants, v Abraham Levy, as Public Administrator of the County of Bronx and as Administrator of the Estate of James R. Richardson, Deceased, Defendant, Drah Cab Corporation et al., Appellants, and City of New York, Respondent. (Action No. 2.)
p. 848
Yvonne Foss, Appellant, v Drah Cab Corporation et al., Appellants, and City of New York, Respondent, et al., Defendant. (Action No. 3.)
Argued February 10, 1987;
decided March 19, 1987
p. 849
APPEARANCES OF COUNSEL
Herman Schmertz for Ann Leyva, individually and as administratrix of Gustavo Leyva, deceased, appellant.
David Farber for Charles McNeil and another, appellants.
Marian C. Rice for Drah Cab Corporation, appellant.
Reginald T. Brewster for Yvonne Foss, appellant.
Down Gopstein, Acting Corporation Counsel (Barry P. Schwartz and Fay Leoussis of counsel), for respondent.

OPINION OF THE COURT

Order insofar as appealed from affirmed, with costs to the City of New York against the appellants. There was testimony by the police officers who witnessed the entry of the Richardson vehicle that the vehicle entered the properly marked Van Cortlandt Park South ramp, and "there is simply no valid line of reasoning and permissible inferences which could possibly lead rational [jurors] to the [contrary] conclusion reached by the jury on the basis of the evidence presented at trial” (Cohen v Hallmark Cards, 45 NY2d 493 , 499).

p. 850
Concur: Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock, Jr., and Bellacosa. Taking no part: Judge Alexander.

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