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Fortgang v. Chase Manhattan Bank

245 N.E.2d 818, 23 N.Y.2d 895, 298 N.Y.S.2d 92, 1969 N.Y. LEXIS 1597
CourtNew York Court of Appeals
DecidedJanuary 22, 1969
StatusPublished
Cited by2 cases

This text of 245 N.E.2d 818 (Fortgang v. Chase Manhattan Bank) 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
Fortgang v. Chase Manhattan Bank, 245 N.E.2d 818, 23 N.Y.2d 895, 298 N.Y.S.2d 92, 1969 N.Y. LEXIS 1597 (N.Y. 1969).

Opinion

Order reversed and a new trial granted, with costs to abide the event, in the following memorandum: An issue of fact was raised on the trial as to whether the building lessee maintained properly placed mats on the lobby floor during rainy weather and kept the uncovered áreas free of excessive moisture. While the testimony of plaintiffs’ expert was hardly capable of inspiring confidence, it cannot be disregarded as a matter of law.

Concur; Judges Burke, Bergan, Keating, Breitel and Jasen. Chief Judge Fuxd and Judge Sculepfi dissent and vote to affirm on the memorandum at the Appellate Division,

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Bluebook (online)
245 N.E.2d 818, 23 N.Y.2d 895, 298 N.Y.S.2d 92, 1969 N.Y. LEXIS 1597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fortgang-v-chase-manhattan-bank-ny-1969.