Brown v. L. F. Hamlin, Inc.

Appellate Division of the Supreme Court of New York

Brown v. L. F. Hamlin, Inc.

34 A.D.2d 846, 310 N.Y.S.2d 531, 1970 N.Y. App. Div. LEXIS 4900

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

DecidedMay 12, 1970

StatusPublished

This text of 34 A.D.2d 846 (Brown v. L. F. Hamlin, Inc.) 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

Brown v. L. F. Hamlin, Inc., 34 A.D.2d 846, 310 N.Y.S.2d 531, 1970 N.Y. App. Div. LEXIS 4900 (N.Y. Ct. App. 1970).

Pincite

Opinion

Memorandum by the Court. In a negligence action to recover damages for personal injuries, the defendant appeals from a judgment of the Supreme Court, Broome County, entered October 15, 1968 after trial upon a jury’s verdict in favor of plaintiff. In our opinion there was no evidence to support a finding of actionable negligence against the defendant. There is no proof that the defendant had any actual or constructive notice of any dangerous condition, and plaintiff failed to establish that defendant had not exercised reasonable care in the maintenance of the premises. (Cf. Spaulding v. Christakos, 269 App. Div. 909, affd. 295 N. Y. 973; Miller v. Gimble Bros., 262 N. Y. 107; Antenen V. New York Tel. Co., 271 N. Y. 558; Kelly v State of New York, 29 A D 2d 904; Boccaccino v. Our Lady of Pity R. C. Church, 18 A D 2d 1055.) Judgment reversed, on the law and the facts, and the complaint dismissed, without costs. Reynolds, J. P., Staley, Jr., Greenblott, Cooke and Sweeney, JJ., concur in memorandum by the court.

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Memorandum by the Court. In a negligence action to recover damages for personal injuries, the defendant appeals from a judgment of the Supreme Court, Broome County, entered October 15, 1968 after trial upon a jury’s verdict in favor of plaintiff. In our opinion there was no evidence to support a finding of actionable negligence against the defendant. There is no proof that the defendant had any actual or constructive notice of any dangerous condition, and plaintiff failed to establish that defendant had not exercised reasonable care in the maintenance of the premises. (Cf. Spaulding v. Christakos, 269 App. Div. 909, affd. 295 N. Y. 973; Miller v. Gimble Bros., 262 N. Y. 107; Antenen V. New York Tel. Co., 271 N. Y. 558; Kelly v State of New York, 29 A D 2d 904; Boccaccino v. Our Lady of Pity R. C. Church, 18 A D 2d 1055.) Judgment reversed, on the law and the facts, and the complaint dismissed, without costs. Reynolds, J. P., Staley, Jr., Greenblott, Cooke and Sweeney, JJ., concur in memorandum by the court.

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Bluebook (online)

34 A.D.2d 846, 310 N.Y.S.2d 531, 1970 N.Y. App. Div. LEXIS 4900, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-l-f-hamlin-inc-nyappdiv-1970.

Opinion

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