Del Rey v. Ramaglia

Appellate Division of the Supreme Court of New York

Del Rey v. Ramaglia

1 A.D.2d 999, 151 N.Y.S.2d 729, 1956 N.Y. App. Div. LEXIS 5380

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

DecidedMay 15, 1956

StatusPublished

This text of 1 A.D.2d 999 (Del Rey v. Ramaglia) 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

Del Rey v. Ramaglia, 1 A.D.2d 999, 151 N.Y.S.2d 729, 1956 N.Y. App. Div. LEXIS 5380 (N.Y. Ct. App. 1956).

Pincite

Opinion

Judgment dismissing the complaint at the close of plaintiff’s case (confined to the “issue of liability”) unanimously reversed and a new trial ordered, with costs to the appellant to abide the event. The issue of contributory negligence was a question of fact to be decided by the court after a full trial (Foley v. State of New York, 265 App. Div. 682; Crowley v. Fifth Ave. Coach Co., 249 App. Div. 408, affd. 276 N. Y. 496). The rule that at the completion of plaintiff’s case every inference favorable to the plaintiff should be drawn was not followed. Concur — Peck, P. J., Rabin, Cox, Frank and Valente, JJ.

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Judgment dismissing the complaint at the close of plaintiff’s case (confined to the “issue of liability”) unanimously reversed and a new trial ordered, with costs to the appellant to abide the event. The issue of contributory negligence was a question of fact to be decided by the court after a full trial (Foley v. State of New York, 265 App. Div. 682; Crowley v. Fifth Ave. Coach Co., 249 App. Div. 408, affd. 276 N. Y. 496). The rule that at the completion of plaintiff’s case every inference favorable to the plaintiff should be drawn was not followed. Concur — Peck, P. J., Rabin, Cox, Frank and Valente, JJ.

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Bluebook (online)

1 A.D.2d 999, 151 N.Y.S.2d 729, 1956 N.Y. App. Div. LEXIS 5380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/del-rey-v-ramaglia-nyappdiv-1956.

Opinion

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