Carney v. Port

Appellate Division of the Supreme Court of New York

Carney v. Port

47 A.D.2d 913, 369 N.Y.S.2d 630, 1975 N.Y. App. Div. LEXIS 9347

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

DecidedApril 14, 1975

StatusPublished

Cited by1 cases

This text of 47 A.D.2d 913 (Carney v. Port) 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

Carney v. Port, 47 A.D.2d 913, 369 N.Y.S.2d 630, 1975 N.Y. App. Div. LEXIS 9347 (N.Y. Ct. App. 1975).

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Opinion

In an action to recover damages for wrongful death, plaintiff appeals from a judgment of the Supreme Court, Kings County, entered June 14, 1973, in favor of defendant upon the trial court’s dismissal of the complaint at the close of the entire case. Judgment reversed, on the law and in the interests of justice, and new trial granted, with costs to abide the event. The appeal did not present questions of fact. The Trial Judge’s interference in the trial may have prevented plaintiff from adducing evidence sufficient to establish a prima facie case. Gulotta, P. J., Martuscello, Latham, Cohalan and Shapiro, JJ., concur.

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In an action to recover damages for wrongful death, plaintiff appeals from a judgment of the Supreme Court, Kings County, entered June 14, 1973, in favor of defendant upon the trial court’s dismissal of the complaint at the close of the entire case. Judgment reversed, on the law and in the interests of justice, and new trial granted, with costs to abide the event. The appeal did not present questions of fact. The Trial Judge’s interference in the trial may have prevented plaintiff from adducing evidence sufficient to establish a prima facie case. Gulotta, P. J., Martuscello, Latham, Cohalan and Shapiro, JJ., concur.

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Bluebook (online)

47 A.D.2d 913, 369 N.Y.S.2d 630, 1975 N.Y. App. Div. LEXIS 9347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carney-v-port-nyappdiv-1975.

Opinion

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