Brown v. Wagner

Appellate Division of the Supreme Court of New York

Brown v. Wagner

40 A.D.2d 674, 336 N.Y.S.2d 215, 1972 N.Y. App. Div. LEXIS 3824

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

DecidedOctober 2, 1972

StatusPublished

This text of 40 A.D.2d 674 (Brown v. Wagner) 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. Wagner, 40 A.D.2d 674, 336 N.Y.S.2d 215, 1972 N.Y. App. Div. LEXIS 3824 (N.Y. Ct. App. 1972).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, medical expenses, etc., plaintiffs appeal from a judgment of the Supreme Court, Queens County, entered May 28, 1971 in favor of defendant, upon the trial court’s dismissal of the complaint at the close of the case at a jury trial. Judgment reversed, on the law, and new trial granted, with costs to abide the event. The appeal did not present questions of fact. In our opinion there were questions of fact for the jury to determine (see Belcher v. Kesten, 30 N Y 2d 744, revg. 36 A D 2d 736). Martuscello, Acting P. J., Shapiro, Gulotta, Brennan and Benjamin, JJ., concur.

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In a negligence action to recover damages for personal injuries, medical expenses, etc., plaintiffs appeal from a judgment of the Supreme Court, Queens County, entered May 28, 1971 in favor of defendant, upon the trial court’s dismissal of the complaint at the close of the case at a jury trial. Judgment reversed, on the law, and new trial granted, with costs to abide the event. The appeal did not present questions of fact. In our opinion there were questions of fact for the jury to determine (see Belcher v. Kesten, 30 N Y 2d 744, revg. 36 A D 2d 736). Martuscello, Acting P. J., Shapiro, Gulotta, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

40 A.D.2d 674, 336 N.Y.S.2d 215, 1972 N.Y. App. Div. LEXIS 3824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-wagner-nyappdiv-1972.