Arent v. Kelly

Appellate Division of the Supreme Court of New York

Arent v. Kelly

25 A.D.2d 937, 271 N.Y.S.2d 572, 1966 N.Y. App. Div. LEXIS 4271

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

DecidedMay 12, 1966

StatusPublished

This text of 25 A.D.2d 937 (Arent v. Kelly) 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

Arent v. Kelly, 25 A.D.2d 937, 271 N.Y.S.2d 572, 1966 N.Y. App. Div. LEXIS 4271 (N.Y. Ct. App. 1966).

Pincite

Opinion

Judgment unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum : Plaintiff proved a prima facie ease and it was error to have dismissed at the close of plaintiff’s ease. There were factual issues which should have been submitted to the jury for determination. (Appeal from judgment of Erie Trial Term dismissing plaintiff’s complaint against defendant Norwood, in an action for wrongful death, conscious pain and suffering.)

Present — Williams, P. J., Goldman, Henry and Del Yeeehio, JJ.

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Judgment unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum : Plaintiff proved a prima facie ease and it was error to have dismissed at the close of plaintiff’s ease. There were factual issues which should have been submitted to the jury for determination. (Appeal from judgment of Erie Trial Term dismissing plaintiff’s complaint against defendant Norwood, in an action for wrongful death, conscious pain and suffering.)

Present — Williams, P. J., Goldman, Henry and Del Yeeehio, JJ.

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Bluebook (online)

25 A.D.2d 937, 271 N.Y.S.2d 572, 1966 N.Y. App. Div. LEXIS 4271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arent-v-kelly-nyappdiv-1966.