Gangone v. J. J. Newberry Co.

Appellate Division of the Supreme Court of New York

Gangone v. J. J. Newberry Co.

19 A.D.2d 539, 240 N.Y.S.2d 375, 1963 N.Y. App. Div. LEXIS 3779

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

DecidedMay 13, 1963

StatusPublished

This text of 19 A.D.2d 539 (Gangone v. J. J. Newberry Co.) 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

Gangone v. J. J. Newberry Co., 19 A.D.2d 539, 240 N.Y.S.2d 375, 1963 N.Y. App. Div. LEXIS 3779 (N.Y. Ct. App. 1963).

Pincite

Opinion

In a negligence action to recover damages for personal injury, medical expenses and loss of services, defendant appeals from a judgment of the Supreme Court, Kings County, entered September 12, 1962 after trial, on a jury verdict in favor of the plaintiffs. Judgment reversed on the law and new trial granted, with costs to abide the event. The court has considered the questions of fact and has determined that it would not grant a new trial upon those questions. In our opinion it was error of law to refuse to permit the plaintiff to state that a portion of the step crumbled when she stepped on it. It is also our opinion that the charge as a whole was obscure and inadequately stated the issues and the applicable law (cf. Logan v. Jackson, 1 A D 2d 146). Ughetta, Acting P. J., Kleinfeld, Brennan, Rabin and Hopkins, JJ., concur.

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In a negligence action to recover damages for personal injury, medical expenses and loss of services, defendant appeals from a judgment of the Supreme Court, Kings County, entered September 12, 1962 after trial, on a jury verdict in favor of the plaintiffs. Judgment reversed on the law and new trial granted, with costs to abide the event. The court has considered the questions of fact and has determined that it would not grant a new trial upon those questions. In our opinion it was error of law to refuse to permit the plaintiff to state that a portion of the step crumbled when she stepped on it. It is also our opinion that the charge as a whole was obscure and inadequately stated the issues and the applicable law (cf. Logan v. Jackson, 1 A D 2d 146). Ughetta, Acting P. J., Kleinfeld, Brennan, Rabin and Hopkins, JJ., concur.

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Bluebook (online)

19 A.D.2d 539, 240 N.Y.S.2d 375, 1963 N.Y. App. Div. LEXIS 3779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gangone-v-j-j-newberry-co-nyappdiv-1963.