59 N.Y.2d at 752 cited at this page1 citing case
- The Matter of New York City Asbestos Litig. , Doris Kay Dummitt v. A.W. Chesterton , The Matter of Eighth Jud. Dist. Asbestos Litig. , Joann H. Suttner v. A.W. Chesterton Co., 59 N.E.3d 458 (N.Y. 2016).published Where, as here, the jury finds that the defendant's liability exceeds 50% of the total liability of all tortfeasors, CPLR 1601's equitable limitation does not apply in the first instance (see CPLR 1601 [1]), and thus, here, regardless of w…
v.
Randall Carroll, Respondent
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
The Appellate Division’s determination that it was error to have set aside the verdict as against the weight of the evidence, although appealable, is beyond the scope of our review (Aiello v Garahan, 58 NY2d 1078; Mongelli Carting Co. v Nassau Ins. Co., 57 NY2d 649; Gutin v Mascali & Sons, 11 NY2d 97; see Cohen and Karger, Powers of the[*753] New York Court of Appeals [rev ed], § 148, p 588). Due to the posture in which this case comes before us, there must be an automatic affirmance (Goehle v Town of Smithtown, 55 NY2d 995; Rochester Tel. Corp. v Green Is. Constr. Corp., 51 NY2d 788; Pfohl v Wipperman, 34 NY2d 597).
Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons concur; Judge Fuchsberg taking no part.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs, in a memorandum.