Citation Codes Equivalent Citations citation codes Attorney(S) Joseph P. Napoli, Harry H. Lipsig Carole R. Moskowitz for Alfred S. Julien Thomas E. Paterson for See more information ... Smart Summary Please sign up to generate summary. EUGENIA DALY, an Infant, by Her Parent and Father, MICHAEL DALY, et al., Appellants, v. HOWARD V. CASEY et al., Defendants, and TIDEWATER OIL COMPANY, Respondent. Order reversed, with costs, and a new trial granted. However incredible the evidence may have been, as a practical matter it cannot be said that it was incredible as a matter of law, and therefore the complaint should not have been dismissed (cf. Naeris v New York Tel. Co., 5 N.Y.2d 1009). Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.