Axelrod v. Krupinski

Appellate Division of the Supreme Court of New York

Axelrod v. Krupinski

278 A.D. 934, 105 N.Y.S.2d 526, 1951 N.Y. App. Div. LEXIS 5277

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

DecidedJune 20, 1951

StatusPublished

Cited by1 cases

This text of 278 A.D. 934 (Axelrod v. Krupinski) 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

Axelrod v. Krupinski, 278 A.D. 934, 105 N.Y.S.2d 526, 1951 N.Y. App. Div. LEXIS 5277 (N.Y. Ct. App. 1951).

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Opinion

— Order and judgment of the Court of Appeals dated the 13th day of April, 1951, is made the order and judgment of this court. We find upon the facts that the defendants were negligent and that the plaintiff Joseph Axelrod was [935]*935guilty of contributory negligence. Accordingly, the judgment entered in the Supreme Court, Bronx County, on the 21st day of January, 1949, is reversed and the complaint dismissed as to the plaintiff Joseph Axelrod and the judgment in favor of the plaintiff Helen Axelrod is affirmed. Present — Dore, J. P., Cohn, Callahan, Van Voorhis and Shientag, JJ.; Van Voorhis and Shientag, JJ., dissent and vote to reverse the judgment and to dismiss the complaint of both plaintiffs on the ground that the defendants were not guilty of any actionable negligence. Settle order on notice containing findings of fact in accordance with the above decision. [See 302 R. Y. 367.]

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— Order and judgment of the Court of Appeals dated the 13th day of April, 1951, is made the order and judgment of this court. We find upon the facts that the defendants were negligent and that the plaintiff Joseph Axelrod was [935]*935guilty of contributory negligence. Accordingly, the judgment entered in the Supreme Court, Bronx County, on the 21st day of January, 1949, is reversed and the complaint dismissed as to the plaintiff Joseph Axelrod and the judgment in favor of the plaintiff Helen Axelrod is affirmed. Present — Dore, J. P., Cohn, Callahan, Van Voorhis and Shientag, JJ.; Van Voorhis and Shientag, JJ., dissent and vote to reverse the judgment and to dismiss the complaint of both plaintiffs on the ground that the defendants were not guilty of any actionable negligence. Settle order on notice containing findings of fact in accordance with the above decision. [See 302 R. Y. 367.]

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Bluebook (online)

278 A.D. 934, 105 N.Y.S.2d 526, 1951 N.Y. App. Div. LEXIS 5277, Counsel Stack Legal Research, https://law.counselstack.com/opinion/axelrod-v-krupinski-nyappdiv-1951.

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