Abrahamsen v. Koldaire Refrigeration Corp.

Appellate Division of the Supreme Court of New York

Abrahamsen v. Koldaire Refrigeration Corp.

70 A.D.2d 894, 417 N.Y.S.2d 215, 1979 N.Y. App. Div. LEXIS 12479

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 11, 1979

StatusPublished

This text of 70 A.D.2d 894 (Abrahamsen v. Koldaire Refrigeration Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Abrahamsen v. Koldaire Refrigeration Corp., 70 A.D.2d 894, 417 N.Y.S.2d 215, 1979 N.Y. App. Div. LEXIS 12479 (N.Y. Ct. App. 1979).

Pincite

Opinion

— In a negligence action to recover damages for personal injuries, (1) plaintiff appeals from so much of a judgment of the Supreme Court, Suffolk County, entered June 12, 1978, as is in favor of defendants" and against him, upon the trial court’s dismissal of the complaint at the close of the plaintiff’s case, at a jury trial limited to the issue of liability only, and (2) defendant Jimben Plumbing & Heating Co., Inc., cross-appeals from so much of the same judgment as dismissed its cross complaints. Judgment affirmed, insofar as appealed from, with one bill of costs payable by the plaintiff to the defendants. We agree with the determination of the trial court that, on the facts presented by plaintiff, none of the defendants could be charged prima facie with negligence, or with contributing toward plaintiff’s injuries. Accordingly, the complaint was properly dismissed as a matter of law. Titone, J. P., Hargett, Martuscello and Mangano, JJ., concur.

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— In a negligence action to recover damages for personal injuries, (1) plaintiff appeals from so much of a judgment of the Supreme Court, Suffolk County, entered June 12, 1978, as is in favor of defendants" and against him, upon the trial court’s dismissal of the complaint at the close of the plaintiff’s case, at a jury trial limited to the issue of liability only, and (2) defendant Jimben Plumbing & Heating Co., Inc., cross-appeals from so much of the same judgment as dismissed its cross complaints. Judgment affirmed, insofar as appealed from, with one bill of costs payable by the plaintiff to the defendants. We agree with the determination of the trial court that, on the facts presented by plaintiff, none of the defendants could be charged prima facie with negligence, or with contributing toward plaintiff’s injuries. Accordingly, the complaint was properly dismissed as a matter of law. Titone, J. P., Hargett, Martuscello and Mangano, JJ., concur.

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Bluebook (online)

70 A.D.2d 894, 417 N.Y.S.2d 215, 1979 N.Y. App. Div. LEXIS 12479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abrahamsen-v-koldaire-refrigeration-corp-nyappdiv-1979.