Curley v. Schenck Transportation Co.

Appellate Division of the Supreme Court of New York

Curley v. Schenck Transportation Co.

65 A.D.2d 540, 409 N.Y.S.2d 411, 1978 N.Y. App. Div. LEXIS 13145

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

DecidedOctober 24, 1978

StatusPublished

This text of 65 A.D.2d 540 (Curley v. Schenck Transportation 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

Curley v. Schenck Transportation Co., 65 A.D.2d 540, 409 N.Y.S.2d 411, 1978 N.Y. App. Div. LEXIS 13145 (N.Y. Ct. App. 1978).

Pincite

Opinion

Judgment, Supreme Court, Bronx County, entered July 5, 1977, dismissing the complaint on the grant of defendants’ motion for a directed verdict, unanimously reversed, on the law, vacated, and the matter remanded for a new trial, with $60 costs and disbursements of this appeal to abide the event. In the trial of this action arising out of a motor vehicle accident, Trial Term, at the close of all the evidence, granted defendants’ motion to dismiss, finding that the plaintiff operator was guilty of contributory negligence as a matter of law. There was sufficient evidence, according to plaintiffs’ version of the accident, from which a jury could reasonably conclude that the plaintiff operator was free from contributory negligence. Concur — Kupferman, J. P., Evans, Lane, Sandler and Sullivan, JJ.

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Judgment, Supreme Court, Bronx County, entered July 5, 1977, dismissing the complaint on the grant of defendants’ motion for a directed verdict, unanimously reversed, on the law, vacated, and the matter remanded for a new trial, with $60 costs and disbursements of this appeal to abide the event. In the trial of this action arising out of a motor vehicle accident, Trial Term, at the close of all the evidence, granted defendants’ motion to dismiss, finding that the plaintiff operator was guilty of contributory negligence as a matter of law. There was sufficient evidence, according to plaintiffs’ version of the accident, from which a jury could reasonably conclude that the plaintiff operator was free from contributory negligence. Concur — Kupferman, J. P., Evans, Lane, Sandler and Sullivan, JJ.

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Bluebook (online)

65 A.D.2d 540, 409 N.Y.S.2d 411, 1978 N.Y. App. Div. LEXIS 13145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/curley-v-schenck-transportation-co-nyappdiv-1978.