Epstein v. Cohen

New York Court of Appeals

Epstein v. Cohen

43 N.E.2d 56, 288 N.Y. 307, 1942 N.Y. LEXIS 1042

CourtNew York Court of Appeals

DecidedJune 4, 1942

StatusPublished

Cited by2 cases

This text of 43 N.E.2d 56 (Epstein v. Cohen) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Epstein v. Cohen, 43 N.E.2d 56, 288 N.Y. 307, 1942 N.Y. LEXIS 1042 (N.Y. 1942).

Pincite

Opinion

Per Curiam.

The case of Galbraith v. Busch (267 N. Y. 230) would be determinative of the instant action were it not for the statement claimed to have been made by defendant to plaintiff. The jury could have found that it constituted an admission of negligence and thus, with the other evidence, established plaintiff’s cause of action. The court in its charge made no reference to the statement and when requests to charge were made, declined to permit it to be considered by the jury in determining the question of defendant’s negligence. That was error requiring reversal. (Gangi v. Fradus, 227 N. Y. 452, 456; Koester v. Rochester Candy Works, 194 N. Y. 92, 97.)

The judgments should be reversed and a new trial granted, with costs in all courts to abide the event.

Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ., concur.

Judgments reversed, etc.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

The case of Galbraith v. Busch (267 N. Y. 230) would be determinative of the instant action were it not for the statement claimed to have been made by defendant to plaintiff. The jury could have found that it constituted an admission of negligence and thus, with the other evidence, established plaintiff’s cause of action. The court in its charge made no reference to the statement and when requests to charge were made, declined to permit it to be considered by the jury in determining the question of defendant’s negligence. That was error requiring reversal. (Gangi v. Fradus, 227 N. Y. 452, 456; Koester v. Rochester Candy Works, 194 N. Y. 92, 97.)

The judgments should be reversed and a new trial granted, with costs in all courts to abide the event.

Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ., concur.

Judgments reversed, etc.

Cite This Page — Counsel Stack

Bluebook (online)

43 N.E.2d 56, 288 N.Y. 307, 1942 N.Y. LEXIS 1042, Counsel Stack Legal Research, https://law.counselstack.com/opinion/epstein-v-cohen-ny-1942.

Opinion

Related

Cite This Page — Counsel Stack