Clarke v. Levine

Appellate Division of the Supreme Court of New York

Clarke v. Levine

263 A.D. 836, 31 N.Y.S.2d 571, 1941 N.Y. App. Div. LEXIS 5195

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

DecidedDecember 15, 1941

StatusPublished

This text of 263 A.D. 836 (Clarke v. Levine) 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

Clarke v. Levine, 263 A.D. 836, 31 N.Y.S.2d 571, 1941 N.Y. App. Div. LEXIS 5195 (N.Y. Ct. App. 1941).

Pincite

Opinion

Action to recover damages for personal injuries sustained by plaintiff, a tenant in defendants’ apartment house, who, while ascending an unlighted stairway, became weak, lost her balance and fell. Judgment of the City Court of Yonkers, entered on the verdict of a jury in favor of plaintiff, and order, in so far as it denies defendants’ motion to set aside the verdict and for a new trial, reversed on the law and the facts and a new trial ordered, with costs to abide the event. While the proof is ample to support the verdict in favor of the plaintiff, her conduct during the trial tended to prejudice the rights of the defendants and prevented them from having a fair and impartial hearing. In the interest of justice there should be a new trial free from disturbances caused by such conduct. Lazansky, P. J., Carswell, Adel, Taylor and Close, JJ., concur.

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Action to recover damages for personal injuries sustained by plaintiff, a tenant in defendants’ apartment house, who, while ascending an unlighted stairway, became weak, lost her balance and fell. Judgment of the City Court of Yonkers, entered on the verdict of a jury in favor of plaintiff, and order, in so far as it denies defendants’ motion to set aside the verdict and for a new trial, reversed on the law and the facts and a new trial ordered, with costs to abide the event. While the proof is ample to support the verdict in favor of the plaintiff, her conduct during the trial tended to prejudice the rights of the defendants and prevented them from having a fair and impartial hearing. In the interest of justice there should be a new trial free from disturbances caused by such conduct. Lazansky, P. J., Carswell, Adel, Taylor and Close, JJ., concur.

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Bluebook (online)

263 A.D. 836, 31 N.Y.S.2d 571, 1941 N.Y. App. Div. LEXIS 5195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clarke-v-levine-nyappdiv-1941.