Caparco v. City of New York

Appellate Division of the Supreme Court of New York

Caparco v. City of New York

18 A.D.2d 687, 236 N.Y.S.2d 20, 1962 N.Y. App. Div. LEXIS 6349

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

DecidedDecember 17, 1962

StatusPublished

Cited by1 cases

This text of 18 A.D.2d 687 (Caparco 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

Caparco v. City of New York, 18 A.D.2d 687, 236 N.Y.S.2d 20, 1962 N.Y. App. Div. LEXIS 6349 (N.Y. Ct. App. 1962).

Pincite

Opinion

In a negligence action to recover damages for personal injury, medical expenses and loss of services, resulting from the infant plaintiff’s fall from a fence in a public playground which he attempted to climb, the plaintiffs appeal from a judgment of the Supreme Court, Kings County, entered December 7, 1961 after a jury trial, which dismissed the complaint at the end of plaintiffs’ case. Judgment reversed on the law, and a new trial granted, with costs to plaintiffs to abide the event. In our opinion, plaintiffs made out a prima facie case. It was error therefore to dismiss the complaint as a matter of law. Ughetta, Acting P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.

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In a negligence action to recover damages for personal injury, medical expenses and loss of services, resulting from the infant plaintiff’s fall from a fence in a public playground which he attempted to climb, the plaintiffs appeal from a judgment of the Supreme Court, Kings County, entered December 7, 1961 after a jury trial, which dismissed the complaint at the end of plaintiffs’ case. Judgment reversed on the law, and a new trial granted, with costs to plaintiffs to abide the event. In our opinion, plaintiffs made out a prima facie case. It was error therefore to dismiss the complaint as a matter of law. Ughetta, Acting P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.

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Bluebook (online)

18 A.D.2d 687, 236 N.Y.S.2d 20, 1962 N.Y. App. Div. LEXIS 6349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caparco-v-city-of-new-york-nyappdiv-1962.

Opinion

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