Curtis v. Omaha Estates, Inc.

Appellate Division of the Supreme Court of New York

Curtis v. Omaha Estates, Inc.

33 A.D.2d 1007, 307 N.Y.S.2d 794, 1970 N.Y. App. Div. LEXIS 5506

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

DecidedFebruary 17, 1970

StatusPublished

This text of 33 A.D.2d 1007 (Curtis v. Omaha Estates, Inc.) 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

Curtis v. Omaha Estates, Inc., 33 A.D.2d 1007, 307 N.Y.S.2d 794, 1970 N.Y. App. Div. LEXIS 5506 (N.Y. Ct. App. 1970).

Pincite

Opinion

Judgment entered June 6, 1969, herein appealed from, unanimously reversed on the law, with $50 costs and disbursements to appellant, the motion to set aside the verdict is granted, the motion for a direction of a verdict in favor of defendant Omaha is granted, the complaint dismissed and the action severed as to defendant Omaha. In this snow and ice sidewalk case, plaintiff seeks monetary damages for personal injuries received as a result of a fall on a patch of ice which he observed prior to stepping thereon. Plaintiff has failed to prove defendant guilty of any negligence proximately causing the injuries of which he complains (Bonfrisco v. Marlib Corp., 30 A D 2d 655, affd. 24 N Y 2d 817; Golub v. City of New York, 201 Misc. 866, affd. 282 App. Div. 666). Concur — -Stevens, P. J., Eager, McGivern and Steuer, JJ.

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Judgment entered June 6, 1969, herein appealed from, unanimously reversed on the law, with $50 costs and disbursements to appellant, the motion to set aside the verdict is granted, the motion for a direction of a verdict in favor of defendant Omaha is granted, the complaint dismissed and the action severed as to defendant Omaha. In this snow and ice sidewalk case, plaintiff seeks monetary damages for personal injuries received as a result of a fall on a patch of ice which he observed prior to stepping thereon. Plaintiff has failed to prove defendant guilty of any negligence proximately causing the injuries of which he complains (Bonfrisco v. Marlib Corp., 30 A D 2d 655, affd. 24 N Y 2d 817; Golub v. City of New York, 201 Misc. 866, affd. 282 App. Div. 666). Concur — -Stevens, P. J., Eager, McGivern and Steuer, JJ.

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Bluebook (online)

33 A.D.2d 1007, 307 N.Y.S.2d 794, 1970 N.Y. App. Div. LEXIS 5506, Counsel Stack Legal Research, https://law.counselstack.com/opinion/curtis-v-omaha-estates-inc-nyappdiv-1970.

Opinion

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