Albarello v. City of New York

Appellate Division of the Supreme Court of New York

Albarello v. City of New York

41 A.D.2d 926, 343 N.Y.S.2d 1012, 1973 N.Y. App. Div. LEXIS 4397

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

DecidedMay 22, 1973

StatusPublished

This text of 41 A.D.2d 926 (Albarello v. City of New York) 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

Albarello v. City of New York, 41 A.D.2d 926, 343 N.Y.S.2d 1012, 1973 N.Y. App. Div. LEXIS 4397 (N.Y. Ct. App. 1973).

Pincite

Opinion

Judgment, Supreme Court, Bronx County, entered on May 8, 1972, unanimously reversed, on the law and the facts, and vacated, and a new trial granted, with $60 costs and disbursements to abide the event. The jury having found for the defendant, the only question is as to certain aspects of the charge. While it is clear that in a wrongful death action, the burden of proof as to contributory negligence of the decedent is on the defendant (EPTL 11-3.2, subd. [b]; see Cruz v. Long Is. B. B. Co., 28 A D 2d 282, 285), the court’s charge lacked clarity on this point. Concur — Markewich, J. P., Kupferman, Lane, Steuer and Tilzer, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, Bronx County, entered on May 8, 1972, unanimously reversed, on the law and the facts, and vacated, and a new trial granted, with $60 costs and disbursements to abide the event. The jury having found for the defendant, the only question is as to certain aspects of the charge. While it is clear that in a wrongful death action, the burden of proof as to contributory negligence of the decedent is on the defendant (EPTL 11-3.2, subd. [b]; see Cruz v. Long Is. B. B. Co., 28 A D 2d 282, 285), the court’s charge lacked clarity on this point. Concur — Markewich, J. P., Kupferman, Lane, Steuer and Tilzer, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

41 A.D.2d 926, 343 N.Y.S.2d 1012, 1973 N.Y. App. Div. LEXIS 4397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/albarello-v-city-of-new-york-nyappdiv-1973.