Bobowski v. City of New York

Appellate Division of the Supreme Court of New York

Bobowski v. City of New York

281 A.D. 1019, 121 N.Y.S.2d 430, 1953 N.Y. App. Div. LEXIS 4136

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

DecidedMay 12, 1953

StatusPublished

This text of 281 A.D. 1019 (Bobowski v. City of New York) 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

Bobowski v. City of New York, 281 A.D. 1019, 121 N.Y.S.2d 430, 1953 N.Y. App. Div. LEXIS 4136 (N.Y. Ct. App. 1953).

Pincite

Opinion

Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event. A jury might find that plaintiff’s decedent did not exercise due care or find for the defendant on other grounds, including that the accident did not happen as plaintiff contends, but we cannot say that plaintiff’s intestate was guilty of contributory negligence as matter of law, so as to justify granting the motion to dismiss at the conclusion of the plaintiff’s ease. Present — Peek, P. J., Dore, Callahan, Breitel and Bergan, JJ.

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Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event. A jury might find that plaintiff’s decedent did not exercise due care or find for the defendant on other grounds, including that the accident did not happen as plaintiff contends, but we cannot say that plaintiff’s intestate was guilty of contributory negligence as matter of law, so as to justify granting the motion to dismiss at the conclusion of the plaintiff’s ease. Present — Peek, P. J., Dore, Callahan, Breitel and Bergan, JJ.

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Bluebook (online)

281 A.D. 1019, 121 N.Y.S.2d 430, 1953 N.Y. App. Div. LEXIS 4136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bobowski-v-city-of-new-york-nyappdiv-1953.