Berger v. Shaare Torah Temple

Appellate Division of the Supreme Court of New York

Berger v. Shaare Torah Temple

45 A.D.2d 868, 358 N.Y.S.2d 668, 1974 N.Y. App. Div. LEXIS 4348

Appellate Division of the Supreme Court of the State of New York·Decided July 22, 1974·Published

Opinion

In a negligence action to recover damages for personal injuries sustained by plaintiff Sadie Berger, defendant appeals from a judgment of the Supreme Court, Kings County, entered November 1, 1972, in favor of said plaintiff, upon the trial court’s decision on the issue of liability, after a nonjury trial on that issue only, and upon a stipulation of the parties as to the amount of the damages. Judgment reversed, on the facts, and new trial granted, with costs to abide the event. The decision of the trial court was contrary to the weight of the evidence. Shapiro, Acting P. J., Cohalan, Christ and Brennan, JJ., concur; Benjamin, J., dissents and votes to affirm.

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In a negligence action to recover damages for personal injuries sustained by plaintiff Sadie Berger, defendant appeals from a judgment of the Supreme Court, Kings County, entered November 1, 1972, in favor of said plaintiff, upon the trial court’s decision on the issue of liability, after a nonjury trial on that issue only, and upon a stipulation of the parties as to the amount of the damages. Judgment reversed, on the facts, and new trial granted, with costs to abide the event. The decision of the trial court was contrary to the weight of the evidence. Shapiro, Acting P. J., Cohalan, Christ and Brennan, JJ., concur; Benjamin, J., dissents and votes to affirm.

Berger v. Shaare Torah Temple, 45 A.D.2d 868, 358 N.Y.S.2d 668, 1974 N.Y. App. Div. LEXIS 4348 (N.Y. Ct. App. 1974).

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