Capano v. City of New York

Appellate Division of the Supreme Court of New York

Capano v. City of New York

39 A.D.2d 855, 333 N.Y.S.2d 368, 1972 N.Y. App. Div. LEXIS 4395

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

DecidedJune 6, 1972

StatusPublished

This text of 39 A.D.2d 855 (Capano v. City of New York) 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

Capano v. City of New York, 39 A.D.2d 855, 333 N.Y.S.2d 368, 1972 N.Y. App. Div. LEXIS 4395 (N.Y. Ct. App. 1972).

Pincite

Opinion

Judgment, Supreme Court, New York County, entered on October 20, 1971, unanimously reversed, on the law and on the facts, and vacated, and a new trial directed, with costs and disbursements to abide the event. Though it appears that defendant’s negligence was sufficiently established by the proof, we cannot say that certain parts of the charge — particularly those portions thereof which seemingly took the factual issue of negligence away from the jury and discussed the safe-plaee-to-work doctrine—were not prejudicial to the defendant. Additionally, in our opinion the $400,000 verdict, under the circumstances of this ease, was somewhat excessive. Concur — Stevens, P. J., Markewich, Murphy, Tilzer and Capozzoli, JJ.

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Judgment, Supreme Court, New York County, entered on October 20, 1971, unanimously reversed, on the law and on the facts, and vacated, and a new trial directed, with costs and disbursements to abide the event. Though it appears that defendant’s negligence was sufficiently established by the proof, we cannot say that certain parts of the charge — particularly those portions thereof which seemingly took the factual issue of negligence away from the jury and discussed the safe-plaee-to-work doctrine—were not prejudicial to the defendant. Additionally, in our opinion the $400,000 verdict, under the circumstances of this ease, was somewhat excessive. Concur — Stevens, P. J., Markewich, Murphy, Tilzer and Capozzoli, JJ.

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Bluebook (online)

39 A.D.2d 855, 333 N.Y.S.2d 368, 1972 N.Y. App. Div. LEXIS 4395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/capano-v-city-of-new-york-nyappdiv-1972.