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O'Connell v. Jacobs

81 N.Y.2d 797 Court N.Y. Decision date 1993-02-11 English

Contents

Majority

p. 797
Mary K. O’Connell, Appellant, v Max Jacobs et al., Individually and as Parents and Natural Guardians of Seth Jacobs, an Infant, Defendants, and Seth Jacobs, Respondent.
Argued January 7, 1993;
decided February 11, 1993
p. 798
APPEARANCES OF COUNSEL
Dempsey & Dempsey, Buffalo (Helen Kaney Dempsey and James C. Sloan of counsel), for appellant.
Saperston & Day, P. C., Buffalo (Neil A. Goldberg and Lawrence A. Schulz of counsel), for respondent.

OPINION OF THE COURT

Order affirmed, with costs. We agree for the reasons stated by the Appellate Division ( 181 AD2d 1064 ) that the admissible evidence was insufficient to sustain the verdict.

Concur: Acting Chief Judge Simons and Judges Kaye, Ti-tone, Hancock, Jr., Bellacosa and Smith.

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