Boland v. Gerrity

Appellate Division of the Supreme Court of New York

Boland v. Gerrity

43 A.D.2d 859, 351 N.Y.S.2d 1004, 1974 N.Y. App. Div. LEXIS 5861

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

DecidedJanuary 28, 1974

StatusPublished

This text of 43 A.D.2d 859 (Boland v. Gerrity) 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

Boland v. Gerrity, 43 A.D.2d 859, 351 N.Y.S.2d 1004, 1974 N.Y. App. Div. LEXIS 5861 (N.Y. Ct. App. 1974).

Pincite

Opinion

In an action to recover damages for wrongful death and conscious pain and' suffering,- defendants appeal from a judgment- of the Supreme Court, Queens County, entered March 22, 1973, against them and in favor of plaintiff, upon a jury verdict. Judgment reversed, on the law, and new trial granted, with costs to abide the event. The questions of fact have not been considered by this court. In the circumstances of this case, the charge of the court to the jury on the doctrine of last clear chance was erroneous. Gulotta, P. J., Martuscello, Latham, Benjamin and Munder, JJ., concur.

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In an action to recover damages for wrongful death and conscious pain and' suffering,- defendants appeal from a judgment- of the Supreme Court, Queens County, entered March 22, 1973, against them and in favor of plaintiff, upon a jury verdict. Judgment reversed, on the law, and new trial granted, with costs to abide the event. The questions of fact have not been considered by this court. In the circumstances of this case, the charge of the court to the jury on the doctrine of last clear chance was erroneous. Gulotta, P. J., Martuscello, Latham, Benjamin and Munder, JJ., concur.

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Bluebook (online)

43 A.D.2d 859, 351 N.Y.S.2d 1004, 1974 N.Y. App. Div. LEXIS 5861, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boland-v-gerrity-nyappdiv-1974.