LITKE v. TRAVELERS INS. CO.


36 N.Y.2d 998 (1975)

Allen Litke, Respondent, v. Travelers Insurance Company, Appellant.

Court of Appeals of the State of New York.

Decided June 19, 1975.


Attorney(s) appearing for the Case

Simon Greenhill for appellant.

Frank A. Weg for respondent.

Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum; Judge JASEN dissents and votes to reverse in a separate opinion in which Chief Judge BREITEL concurs.


MEMORANDUM.

Notwithstanding the bizarre and generally contradictory version of the burglary as testified to by the plaintiff, on this record we cannot say that the trial proof was incredible as a matter of law. And, of course, it is not within our province to determine whether the verdict was against the weight of the credible evidence.

As regards the issue raised by the dissent concerning the charge, we note that...

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