Dory v. Slater

Appellate Division of the Supreme Court of New York

Dory v. Slater

13 A.D.2d 638, 216 N.Y.S.2d 352, 1961 N.Y. App. Div. LEXIS 11355

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

DecidedApril 18, 1961

StatusPublished

This text of 13 A.D.2d 638 (Dory v. Slater) 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

Dory v. Slater, 13 A.D.2d 638, 216 N.Y.S.2d 352, 1961 N.Y. App. Div. LEXIS 11355 (N.Y. Ct. App. 1961).

Pincite

Opinion

Judgment in favor of plaintiff against defendant-appellant Slater, unanimously reversed, on the law and on the facts and the complaint dismissed, with costs to the appellant. Plaintiff’s evidence showed no negligence on the part of defendant-appellant (Gooch v. Shapiro, 7 A D 2d 307, affd. 8 N Y 2d 1088; Rowlands v. Parks, 2 N Y 2d 64). We find that defendant-appellant was confronted with a sudden emergency not of his own making and that his actions in response-showed no lack of reasonable care. Settle order on notice. Concur — Rabin, J. P., Valente, Stevens, Eager and Steuer, JJ.

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Judgment in favor of plaintiff against defendant-appellant Slater, unanimously reversed, on the law and on the facts and the complaint dismissed, with costs to the appellant. Plaintiff’s evidence showed no negligence on the part of defendant-appellant (Gooch v. Shapiro, 7 A D 2d 307, affd. 8 N Y 2d 1088; Rowlands v. Parks, 2 N Y 2d 64). We find that defendant-appellant was confronted with a sudden emergency not of his own making and that his actions in response-showed no lack of reasonable care. Settle order on notice. Concur — Rabin, J. P., Valente, Stevens, Eager and Steuer, JJ.

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Bluebook (online)

13 A.D.2d 638, 216 N.Y.S.2d 352, 1961 N.Y. App. Div. LEXIS 11355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dory-v-slater-nyappdiv-1961.