Behar v. Surface Transportation Corp.

Appellate Division of the Supreme Court of New York

Behar v. Surface Transportation Corp.

265 A.D. 106, 37 N.Y.S.2d 775, 1942 N.Y. App. Div. LEXIS 5690

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

DecidedNovember 13, 1942

StatusPublished

This text of 265 A.D. 106 (Behar v. Surface Transportation Corp.) 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

Behar v. Surface Transportation Corp., 265 A.D. 106, 37 N.Y.S.2d 775, 1942 N.Y. App. Div. LEXIS 5690 (N.Y. Ct. App. 1942).

Pincite

Opinion

Per Curiam.

Upon the trial of this action to recover damages for the death of plaintiff’s infant son, alleged to have resulted from the negligence of defendant, plaintiff was entitled, upon a motion made at the close of plaintiff’s case to dismiss his complaint, to the benefit of the most favorable inferences dedueible from the testimony. So tested, plaintiff’s evidence established a prima facie case, though the proof was circumstantial in . nature. This prima facie case was not destroyed by the existence of possible inconsistencies in the testimony given by plaintiff’s witnesses.

The judgment should be reversed and a new trial ordered, with costs to the appellant to abide the event.

Untermyer, Dore, Cohn and Callahan, JJ., concur; Martin, P. J., dissents and votes to affirm.

Judgment reversed upon question of law and a new trial ordered with costs to the appellant to abide the event.

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Per Curiam.

Upon the trial of this action to recover damages for the death of plaintiff’s infant son, alleged to have resulted from the negligence of defendant, plaintiff was entitled, upon a motion made at the close of plaintiff’s case to dismiss his complaint, to the benefit of the most favorable inferences dedueible from the testimony. So tested, plaintiff’s evidence established a prima facie case, though the proof was circumstantial in . nature. This prima facie case was not destroyed by the existence of possible inconsistencies in the testimony given by plaintiff’s witnesses.

The judgment should be reversed and a new trial ordered, with costs to the appellant to abide the event.

Untermyer, Dore, Cohn and Callahan, JJ., concur; Martin, P. J., dissents and votes to affirm.

Judgment reversed upon question of law and a new trial ordered with costs to the appellant to abide the event.

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Bluebook (online)

265 A.D. 106, 37 N.Y.S.2d 775, 1942 N.Y. App. Div. LEXIS 5690, Counsel Stack Legal Research, https://law.counselstack.com/opinion/behar-v-surface-transportation-corp-nyappdiv-1942.