Burghardt v. Vincent H. Campbell, Inc.

Appellate Division of the Supreme Court of New York

Burghardt v. Vincent H. Campbell, Inc.

63 A.D.2d 630, 405 N.Y.S.2d 407, 1978 N.Y. App. Div. LEXIS 11480

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

DecidedMay 23, 1978

StatusPublished

This text of 63 A.D.2d 630 (Burghardt v. Vincent H. Campbell, 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

Burghardt v. Vincent H. Campbell, Inc., 63 A.D.2d 630, 405 N.Y.S.2d 407, 1978 N.Y. App. Div. LEXIS 11480 (N.Y. Ct. App. 1978).

Pincite

Opinion

Order, Supreme Court, Bronx County, entered on April 20, 1977, which granted plaintiffs’ motion pursuant to CPLR 4404 (subd [a]) to set aside the jury verdict in favor of defendant Vincent H. Campbell, Inc., and directed a new trial, unanimously affirmed, without costs and disbursements. Our affirmance is predicated on the reasons set forth by the Trial Justice in granting plaintiffs’ motion to set aside the jury verdict in favor of defendant Vincent H. Campbell, Inc. (the general contractor), on the ground it is contrary to the weight of the evidence. At the new trial the court in its charge should make clear to the jury that their verdict must be reflective of whether plaintiff fell because of the ladder or for reasons not connected with the ladder. Concur—Kupferman, J. P., Lupiano, Markewich, Yesawich and Sullivan, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, Bronx County, entered on April 20, 1977, which granted plaintiffs’ motion pursuant to CPLR 4404 (subd [a]) to set aside the jury verdict in favor of defendant Vincent H. Campbell, Inc., and directed a new trial, unanimously affirmed, without costs and disbursements. Our affirmance is predicated on the reasons set forth by the Trial Justice in granting plaintiffs’ motion to set aside the jury verdict in favor of defendant Vincent H. Campbell, Inc. (the general contractor), on the ground it is contrary to the weight of the evidence. At the new trial the court in its charge should make clear to the jury that their verdict must be reflective of whether plaintiff fell because of the ladder or for reasons not connected with the ladder. Concur—Kupferman, J. P., Lupiano, Markewich, Yesawich and Sullivan, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

63 A.D.2d 630, 405 N.Y.S.2d 407, 1978 N.Y. App. Div. LEXIS 11480, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burghardt-v-vincent-h-campbell-inc-nyappdiv-1978.