Antonelli v. Majestic Theater

Appellate Division of the Supreme Court of New York

Antonelli v. Majestic Theater

49 A.D.2d 898, 373 N.Y.S.2d 375, 1975 N.Y. App. Div. LEXIS 11126

Appellate Division of the Supreme Court of the State of New York·Decided October 14, 1975·Published

Opinion

In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Kings County, entered September 26,1973, in favor of defendant, upon the trial court’s dismissal of the complaint at the close of plaintiff’s case at a jury trial. Judgment affirmed, with costs. Plaintiff failed to establish a prima facie case. The fact that the assailant was in the same place a half hour after defendant’s employee was advised of the first encounter is not proof, by itself, that the latter had failed to act properly after being so advised. Hopkins, Acting P. J., Martuscello, Margett, Christ and Munder, JJ., concur.

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

In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Kings County, entered September 26,1973, in favor of defendant, upon the trial court’s dismissal of the complaint at the close of plaintiff’s case at a jury trial. Judgment affirmed, with costs. Plaintiff failed to establish a prima facie case. The fact that the assailant was in the same place a half hour after defendant’s employee was advised of the first encounter is not proof, by itself, that the latter had failed to act properly after being so advised. Hopkins, Acting P. J., Martuscello, Margett, Christ and Munder, JJ., concur.

Antonelli v. Majestic Theater, 49 A.D.2d 898, 373 N.Y.S.2d 375, 1975 N.Y. App. Div. LEXIS 11126 (N.Y. Ct. App. 1975).

Pincite

49 A.D.2d 898 (Antonelli v. Majestic Theater) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.