Cutting v. Willowbrook Estates, Inc.

Appellate Division of the Supreme Court of New York

Cutting v. Willowbrook Estates, Inc.

45 A.D.2d 961, 359 N.Y.S.2d 999, 1974 N.Y. App. Div. LEXIS 4098

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

DecidedSeptember 23, 1974

StatusPublished

This text of 45 A.D.2d 961 (Cutting v. Willowbrook 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

Cutting v. Willowbrook Estates, Inc., 45 A.D.2d 961, 359 N.Y.S.2d 999, 1974 N.Y. App. Div. LEXIS 4098 (N.Y. Ct. App. 1974).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, (1) plaintiff appeals from so much of a judgment of the Supreme Court, Richmond County, entered July 27, 1973, as is against him and in favor of defendants, upon the trial court’s dismissal of the complaint at the end of the entire case upon a jury trial, and (2) defendant Willowbrook Estates, Inc., cross-appeals from so much of the judgment as adjudged that its cross complaint against the other two defendants is discontinued. Judgment reversed, on the law, and new trial granted upon plaintiff’s complaint against all defendants, and upon all cross complaints, with costs to abide the event. No questions of fact were presented on the appeals. Under the circumstances of this case, contributory negligence was a question of fact and not a question of law. Cohalan, Acting P. J., Christ, Brennan, Benjamin and Munder, JJ., concur.

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In a negligence action to recover damages for personal injuries, (1) plaintiff appeals from so much of a judgment of the Supreme Court, Richmond County, entered July 27, 1973, as is against him and in favor of defendants, upon the trial court’s dismissal of the complaint at the end of the entire case upon a jury trial, and (2) defendant Willowbrook Estates, Inc., cross-appeals from so much of the judgment as adjudged that its cross complaint against the other two defendants is discontinued. Judgment reversed, on the law, and new trial granted upon plaintiff’s complaint against all defendants, and upon all cross complaints, with costs to abide the event. No questions of fact were presented on the appeals. Under the circumstances of this case, contributory negligence was a question of fact and not a question of law. Cohalan, Acting P. J., Christ, Brennan, Benjamin and Munder, JJ., concur.

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Bluebook (online)

45 A.D.2d 961, 359 N.Y.S.2d 999, 1974 N.Y. App. Div. LEXIS 4098, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cutting-v-willowbrook-estates-inc-nyappdiv-1974.