Fleming v. Arr-em Plastering Corp.

Appellate Division of the Supreme Court of New York

Fleming v. Arr-em Plastering Corp.

40 A.D.2d 610, 335 N.Y.S.2d 916, 1972 N.Y. App. Div. LEXIS 3882

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

DecidedSeptember 25, 1972

StatusPublished

This text of 40 A.D.2d 610 (Fleming v. Arr-em Plastering Corp.) 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

Fleming v. Arr-em Plastering Corp., 40 A.D.2d 610, 335 N.Y.S.2d 916, 1972 N.Y. App. Div. LEXIS 3882 (N.Y. Ct. App. 1972).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Kings County, entered October 18, 1971 in favor of defendant, upon the trial court’s dismissal of the complaint at the end of plaintiff’s case. Judgment reversed, on the law, and new trial granted, with costs to abide the event. The appeal did not present questions of fact. In our opinion, it was error to dismiss the complaint at the close of plaintiff’s proof. Sufficient evidence had been received to sustain findings that plaintiff’s decedent had been injured by defendant’s employees in the course of their employment and that plaintiff’s decedent had not been contributorily negligent (cf. O’Rourke v. Waite Co., 125 App. Div. 825). Rabin, P. J., Hopkins, Munder, Latham and Shapiro, 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, entered October 18, 1971 in favor of defendant, upon the trial court’s dismissal of the complaint at the end of plaintiff’s case. Judgment reversed, on the law, and new trial granted, with costs to abide the event. The appeal did not present questions of fact. In our opinion, it was error to dismiss the complaint at the close of plaintiff’s proof. Sufficient evidence had been received to sustain findings that plaintiff’s decedent had been injured by defendant’s employees in the course of their employment and that plaintiff’s decedent had not been contributorily negligent (cf. O’Rourke v. Waite Co., 125 App. Div. 825). Rabin, P. J., Hopkins, Munder, Latham and Shapiro, JJ., concur.

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Bluebook (online)

40 A.D.2d 610, 335 N.Y.S.2d 916, 1972 N.Y. App. Div. LEXIS 3882, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fleming-v-arr-em-plastering-corp-nyappdiv-1972.

Opinion

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