Furey v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Furey v. New York City Transit Authority

30 A.D.2d 676, 292 N.Y.S.2d 273, 1968 N.Y. App. Div. LEXIS 3796

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

DecidedJune 10, 1968

StatusPublished

This text of 30 A.D.2d 676 (Furey v. New York City Transit Authority) 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

Furey v. New York City Transit Authority, 30 A.D.2d 676, 292 N.Y.S.2d 273, 1968 N.Y. App. Div. LEXIS 3796 (N.Y. Ct. App. 1968).

Pincite

Opinion

In an action to recover damages for wrongful death and for conscious pain and suffering, plaintiff appeals from a judgment of the Supreme Court, Kings County, entered May 17, 1966, in favor of defendants, upon the trial court’s dismissal of the complaint at the close of all the evidence. Judgment reversed, on the law, and new trial granted as to all defendants, with costs to abide the event. No questions of fact were considered on this appeal. We conclude that giving plaintiff the most favorable inferences on the evidence presented, to which he is entitled, and since in a death action only slight evidence of liability is enough to require the case to be given to the jury (Cruz v. Long Is. R. R. Co., 28 A D 2d 282, 283), a jury may properly find for plaintiff. Rabin, Acting P. J., Hopkins, Benjamin and Munder, JJ., concur; Martuscello, J., not voting.

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In an action to recover damages for wrongful death and for conscious pain and suffering, plaintiff appeals from a judgment of the Supreme Court, Kings County, entered May 17, 1966, in favor of defendants, upon the trial court’s dismissal of the complaint at the close of all the evidence. Judgment reversed, on the law, and new trial granted as to all defendants, with costs to abide the event. No questions of fact were considered on this appeal. We conclude that giving plaintiff the most favorable inferences on the evidence presented, to which he is entitled, and since in a death action only slight evidence of liability is enough to require the case to be given to the jury (Cruz v. Long Is. R. R. Co., 28 A D 2d 282, 283), a jury may properly find for plaintiff. Rabin, Acting P. J., Hopkins, Benjamin and Munder, JJ., concur; Martuscello, J., not voting.

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Bluebook (online)

30 A.D.2d 676, 292 N.Y.S.2d 273, 1968 N.Y. App. Div. LEXIS 3796, Counsel Stack Legal Research, https://law.counselstack.com/opinion/furey-v-new-york-city-transit-authority-nyappdiv-1968.