De Santis v. Osman

Appellate Division of the Supreme Court of New York

De Santis v. Osman

42 A.D.2d 906, 347 N.Y.S.2d 944, 1973 N.Y. App. Div. LEXIS 3533

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

DecidedSeptember 24, 1973

StatusPublished

This text of 42 A.D.2d 906 (De Santis v. Osman) 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

De Santis v. Osman, 42 A.D.2d 906, 347 N.Y.S.2d 944, 1973 N.Y. App. Div. LEXIS 3533 (N.Y. Ct. App. 1973).

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Opinion

In a negligence action to recover damages for personal injuries sustained by the infant plaintiff and for her father’s loss of companionship, etc., defendants appeal from an order of the Supreme Court, Kings County, dated April 16, 1973, which (1) granted plaintiffs’ motion to set aside a jury verdict in favor of defendants upon a trial of the issue of liability and for a directed verdict in plaintiffs’ favor on that issue and (2) directed that a trial of the issue of damages proceed. Order reversed, without costs; plaintiffs’ motion denied; and jury verdict reinstated. The trial court committed error in setting aside the jury verdict and in directing a verdict in plaintiffs’ favor on the issue of liability. The proof presented questions of fact both as to the negligence of defendants and the contributory negligence of the infant plaintiff. It cannot be said that the jury could not have reached its verdict on any fair interpretation of the evidence (Scholar v. Bola/nd, 36 A D 2d 732; Collins v. City of New York, 263 App. Div. 893). Munder, Acting P. J., Martuscello, Latham, Gulotta and Benjamin, JJ., concur.

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In a negligence action to recover damages for personal injuries sustained by the infant plaintiff and for her father’s loss of companionship, etc., defendants appeal from an order of the Supreme Court, Kings County, dated April 16, 1973, which (1) granted plaintiffs’ motion to set aside a jury verdict in favor of defendants upon a trial of the issue of liability and for a directed verdict in plaintiffs’ favor on that issue and (2) directed that a trial of the issue of damages proceed. Order reversed, without costs; plaintiffs’ motion denied; and jury verdict reinstated. The trial court committed error in setting aside the jury verdict and in directing a verdict in plaintiffs’ favor on the issue of liability. The proof presented questions of fact both as to the negligence of defendants and the contributory negligence of the infant plaintiff. It cannot be said that the jury could not have reached its verdict on any fair interpretation of the evidence (Scholar v. Bola/nd, 36 A D 2d 732; Collins v. City of New York, 263 App. Div. 893). Munder, Acting P. J., Martuscello, Latham, Gulotta and Benjamin, JJ., concur.

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Bluebook (online)

42 A.D.2d 906, 347 N.Y.S.2d 944, 1973 N.Y. App. Div. LEXIS 3533, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-santis-v-osman-nyappdiv-1973.

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