Budrow v. Grand Union Co.

Appellate Division of the Supreme Court of New York

Budrow v. Grand Union Co.

275 A.D.2d 978

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

DecidedJune 28, 1949

StatusPublished

This text of 275 A.D.2d 978 (Budrow v. Grand Union Co.) 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

Budrow v. Grand Union Co., 275 A.D.2d 978 (N.Y. Ct. App. 1949).

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Opinion

Heffeman, Santry and Bergan, JJ., concur; Deyo, J., dissents, in the following statement, in which Brewster, J., concurs: I dissent. The record fails to disclose that there was any unusual accumulation or in fact any accumulation of oil whatsoever at the spot where the plaintiff fell. There is also a total lack of evidence that the plaintiff slipped on any oil or that oil was the proximate cause of the accident. On such a record the trial court had no alternative but to grant the motion to dismiss. Since we may assume that the plaintiff adduced all of the evidence available to her, a new trial would serve no useful purpose.

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Heffeman, Santry and Bergan, JJ., concur; Deyo, J., dissents, in the following statement, in which Brewster, J., concurs: I dissent. The record fails to disclose that there was any unusual accumulation or in fact any accumulation of oil whatsoever at the spot where the plaintiff fell. There is also a total lack of evidence that the plaintiff slipped on any oil or that oil was the proximate cause of the accident. On such a record the trial court had no alternative but to grant the motion to dismiss. Since we may assume that the plaintiff adduced all of the evidence available to her, a new trial would serve no useful purpose.

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Bluebook (online)

275 A.D.2d 978, Counsel Stack Legal Research, https://law.counselstack.com/opinion/budrow-v-grand-union-co-nyappdiv-1949.