Anneberg v. First National City Bank

Appellate Division of the Supreme Court of New York

Anneberg v. First National City Bank

49 A.D.2d 827, 373 N.Y.S.2d 353, 1975 N.Y. App. Div. LEXIS 10952

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

DecidedOctober 9, 1975

StatusPublished

This text of 49 A.D.2d 827 (Anneberg v. First National City Bank) 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

Anneberg v. First National City Bank, 49 A.D.2d 827, 373 N.Y.S.2d 353, 1975 N.Y. App. Div. LEXIS 10952 (N.Y. Ct. App. 1975).

Pincite

Opinion

Order of the Appellate Term, First Department, entered on January 22,1975 in the office of the clerk of the County of New York which affirmed a judgment in defendant’s favor following a jury trial in the Civil Court, and also affirmed an order of the Civil Court denying plaintiff’s motion to set aside the jury verdict, unanimously affirmed, without costs or disbursements. This appeal is here by our leave. On this record the trial court [828]*828properly allowed the defendant to amend its answer to admit operation and control of the platform where the accident occurred. The photograph showing that railings had subsequently been erected about the platform was properly excluded. (Cahill v Kleinberg, 233 NY 255.) The issue of negligence was fairly submitted to the jury without exception. Its verdict in defendant’s favor "may not be set aside unless it plainly appears that the evidence so preponderates in favor of the plaintiff that the verdict for the defendant could not have been reached, on any fair interpretation of the evidence.” (Marion v McCasland, 16 AD2d 781, 782.) Concur—Stevens, P. J., Murphy, Lupiano, Capozzoli and Nunez, JJ.

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Order of the Appellate Term, First Department, entered on January 22,1975 in the office of the clerk of the County of New York which affirmed a judgment in defendant’s favor following a jury trial in the Civil Court, and also affirmed an order of the Civil Court denying plaintiff’s motion to set aside the jury verdict, unanimously affirmed, without costs or disbursements. This appeal is here by our leave. On this record the trial court [828]*828properly allowed the defendant to amend its answer to admit operation and control of the platform where the accident occurred. The photograph showing that railings had subsequently been erected about the platform was properly excluded. (Cahill v Kleinberg, 233 NY 255.) The issue of negligence was fairly submitted to the jury without exception. Its verdict in defendant’s favor "may not be set aside unless it plainly appears that the evidence so preponderates in favor of the plaintiff that the verdict for the defendant could not have been reached, on any fair interpretation of the evidence.” (Marion v McCasland, 16 AD2d 781, 782.) Concur—Stevens, P. J., Murphy, Lupiano, Capozzoli and Nunez, JJ.

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Bluebook (online)

49 A.D.2d 827, 373 N.Y.S.2d 353, 1975 N.Y. App. Div. LEXIS 10952, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anneberg-v-first-national-city-bank-nyappdiv-1975.

Opinion

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