Fells v. Watson

Appellate Division of the Supreme Court of New York

Fells v. Watson

39 A.D.2d 940, 333 N.Y.S.2d 998, 1972 N.Y. App. Div. LEXIS 4351

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

DecidedJune 12, 1972

StatusPublished

This text of 39 A.D.2d 940 (Fells v. Watson) 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

Fells v. Watson, 39 A.D.2d 940, 333 N.Y.S.2d 998, 1972 N.Y. App. Div. LEXIS 4351 (N.Y. Ct. App. 1972).

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Opinion

In consolidated negligence actions to recover damages for personal and property injuries, loss of services, etc., defendant The Hertz Corporation [941]*941appeals from, so much of an interlocutory judgment of the Supreme Court, Queens County, entered February 23, 1972, as is against it and in favor of all plaintiffs upon the issues of liability, upon the trial court’s direction of a verdict after trial of said issues only. Interlocutory judgment reversed insofar as appealed from, on the law; new trial granted as against defendant The Hertz Corporation with respect to the issues of liability only, with costs to abide the event; and action severed as between the plaintiffs and said defendant. The appeal presented no questions of fact. In our opinion, the presence of factual issues to be determined by the jury precluded the direction of a verdict in plaintiffs’ favor (Loewinthan v. Le Vine, 299 N. Y. 372; Blum, v. Fresh Grown Preserve Corp., 292 N. Y. 241, 245; Ferrell v. B & H Equip. Corp., 38 A D 2d 572). Hopkins, Acting P. J., Munder, Christ and Brennan, JJ., concur.

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In consolidated negligence actions to recover damages for personal and property injuries, loss of services, etc., defendant The Hertz Corporation [941]*941appeals from, so much of an interlocutory judgment of the Supreme Court, Queens County, entered February 23, 1972, as is against it and in favor of all plaintiffs upon the issues of liability, upon the trial court’s direction of a verdict after trial of said issues only. Interlocutory judgment reversed insofar as appealed from, on the law; new trial granted as against defendant The Hertz Corporation with respect to the issues of liability only, with costs to abide the event; and action severed as between the plaintiffs and said defendant. The appeal presented no questions of fact. In our opinion, the presence of factual issues to be determined by the jury precluded the direction of a verdict in plaintiffs’ favor (Loewinthan v. Le Vine, 299 N. Y. 372; Blum, v. Fresh Grown Preserve Corp., 292 N. Y. 241, 245; Ferrell v. B & H Equip. Corp., 38 A D 2d 572). Hopkins, Acting P. J., Munder, Christ and Brennan, JJ., concur.

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Bluebook (online)

39 A.D.2d 940, 333 N.Y.S.2d 998, 1972 N.Y. App. Div. LEXIS 4351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fells-v-watson-nyappdiv-1972.

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