Fleischer v. Nieberg Midwood Chapel, Inc.

Appellate Division of the Supreme Court of New York

Fleischer v. Nieberg Midwood Chapel, Inc.

33 A.D.2d 521, 305 N.Y.S.2d 679, 1969 N.Y. App. Div. LEXIS 3206

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

DecidedSeptember 29, 1969

StatusPublished

Cited by1 cases

This text of 33 A.D.2d 521 (Fleischer v. Nieberg Midwood Chapel, Inc.) 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

Fleischer v. Nieberg Midwood Chapel, Inc., 33 A.D.2d 521, 305 N.Y.S.2d 679, 1969 N.Y. App. Div. LEXIS 3206 (N.Y. Ct. App. 1969).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Kings County, dated January 13, 1969, in favor of defendants after a jury trial limited to the issues of liability, upon the trial court’s setting aside of the jury’s verdict for plaintiff and directing a verdict for defendants. Judgment affirmed, with costs. Plaintiff sustained her injuries when she fell on a stairway in defendants’ premises. The trial court held that plaintiff had failed to establish actionable negligence. In our opinion, that determination was correct. Affording plaintiff every favorable inference from the proof, and assuming that the staircase and particularly a railing thereon had been improperly constructed, as claimed by her expert (cf. Fortgang v. Chase Manhattan Bank, 23 N Y 2d 895), we find no evidence whatever that the alleged defective condition was the proximate cause of the accident (cf. Martin v. Herzog, 228 N. Y. 164, 170). Brennan, Acting P. J., Hopkins, Benjamin, Munder and Kleinfield, JJ., concur.

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In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Kings County, dated January 13, 1969, in favor of defendants after a jury trial limited to the issues of liability, upon the trial court’s setting aside of the jury’s verdict for plaintiff and directing a verdict for defendants. Judgment affirmed, with costs. Plaintiff sustained her injuries when she fell on a stairway in defendants’ premises. The trial court held that plaintiff had failed to establish actionable negligence. In our opinion, that determination was correct. Affording plaintiff every favorable inference from the proof, and assuming that the staircase and particularly a railing thereon had been improperly constructed, as claimed by her expert (cf. Fortgang v. Chase Manhattan Bank, 23 N Y 2d 895), we find no evidence whatever that the alleged defective condition was the proximate cause of the accident (cf. Martin v. Herzog, 228 N. Y. 164, 170). Brennan, Acting P. J., Hopkins, Benjamin, Munder and Kleinfield, JJ., concur.

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Bluebook (online)

33 A.D.2d 521, 305 N.Y.S.2d 679, 1969 N.Y. App. Div. LEXIS 3206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fleischer-v-nieberg-midwood-chapel-inc-nyappdiv-1969.

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