Yetta Sagorsky, Copartners Doing Business under the Name of I. S. Sagorsky & Son v. B. H. Malyon, as One of the…

Summary

The New York Court of Appeals reversed the Appellate Division’s dismissal of the plaintiffs’ insurance claim and ordered a new trial, holding that the lower court lacked authority to dismiss a complaint on the ground that the jury verdict was against the weight of the evidence when a prima facie case had been made out. The Court emphasized that, in such cases, the appellate court may only order a new trial and must view the facts in the light most favorable to the plaintiff. A dissent argued that the evidence showed the vehicle was unattended and that dismissal, not a new trial, was proper.