Arena v. Kunzer-Ellinwood, Inc.

Appellate Division of the Supreme Court of New York

Arena v. Kunzer-Ellinwood, Inc.

275 A.D.2d 898

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

DecidedMay 19, 1949

StatusPublished

This text of 275 A.D.2d 898 (Arena v. Kunzer-Ellinwood, Inc.) 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

Arena v. Kunzer-Ellinwood, Inc., 275 A.D.2d 898 (N.Y. Ct. App. 1949).

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Opinion

Memorandum: On the record before us we find that issues of fact are presented that should be passed upon by a jury, involving foreseeability, the character of the material placed alongside the drive, whether inherently dangerous or otherwise, and whether the action of the defendant in placing said material alongside the drive constituted negligence under the circumstances disclosed by the evidence. Upon a new trial other questions may be presented for determination by the jury. All concur, Love, J., not voting. (The judgment [899]*899dismisses the complaint in a negligence action.) Present — Taylor, P. J., McCurn, Love, Vaughan and Piper, JJ.

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Memorandum: On the record before us we find that issues of fact are presented that should be passed upon by a jury, involving foreseeability, the character of the material placed alongside the drive, whether inherently dangerous or otherwise, and whether the action of the defendant in placing said material alongside the drive constituted negligence under the circumstances disclosed by the evidence. Upon a new trial other questions may be presented for determination by the jury. All concur, Love, J., not voting. (The judgment [899]*899dismisses the complaint in a negligence action.) Present — Taylor, P. J., McCurn, Love, Vaughan and Piper, JJ.

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Bluebook (online)

275 A.D.2d 898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arena-v-kunzer-ellinwood-inc-nyappdiv-1949.