Cohen v. T. J. Thomas Co.

Appellate Division of the Supreme Court of New York

Cohen v. T. J. Thomas Co.

51 A.D.2d 963, 380 N.Y.S.2d 294, 1976 N.Y. App. Div. LEXIS 11687

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

DecidedMarch 1, 1976

StatusPublished

Cited by2 cases

This text of 51 A.D.2d 963 (Cohen v. T. J. Thomas Co.) 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

Cohen v. T. J. Thomas Co., 51 A.D.2d 963, 380 N.Y.S.2d 294, 1976 N.Y. App. Div. LEXIS 11687 (N.Y. Ct. App. 1976).

Pincite

Opinion

a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from so much of a judgment of the Supreme Court, Nassau County, entered September 24, 1975, as is in favor of [964]*964defendant Charles Cohen, upon the trial court’s dismissal of the complaint against the said defendant at the outset of a jury trial. Judgment affirmed insofar as appealed from, without costs or disbursements. Even under the most liberal standards, and affording plaintiffs the benefit of all reasonable doubt, the complaint fails to state a legally cognizable cause of action. Under the current state of the law, an exercycle is not an inherently dangerous instrument; nor is a parent liable for failure to adequately supervise his infant child while in the presence of such a machine. Latham, Acting P. J., Damiani, Christ, Shapiro and Titone, JJ., concur.

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a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from so much of a judgment of the Supreme Court, Nassau County, entered September 24, 1975, as is in favor of [964]*964defendant Charles Cohen, upon the trial court’s dismissal of the complaint against the said defendant at the outset of a jury trial. Judgment affirmed insofar as appealed from, without costs or disbursements. Even under the most liberal standards, and affording plaintiffs the benefit of all reasonable doubt, the complaint fails to state a legally cognizable cause of action. Under the current state of the law, an exercycle is not an inherently dangerous instrument; nor is a parent liable for failure to adequately supervise his infant child while in the presence of such a machine. Latham, Acting P. J., Damiani, Christ, Shapiro and Titone, JJ., concur.

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Bluebook (online)

51 A.D.2d 963, 380 N.Y.S.2d 294, 1976 N.Y. App. Div. LEXIS 11687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cohen-v-t-j-thomas-co-nyappdiv-1976.

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