Gasior v. Ehrlich

Appellate Division of the Supreme Court of New York

Gasior v. Ehrlich

41 A.D.2d 656, 340 N.Y.S.2d 872, 1973 N.Y. App. Div. LEXIS 5157

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

DecidedFebruary 13, 1973

StatusPublished

This text of 41 A.D.2d 656 (Gasior v. Ehrlich) 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

Gasior v. Ehrlich, 41 A.D.2d 656, 340 N.Y.S.2d 872, 1973 N.Y. App. Div. LEXIS 5157 (N.Y. Ct. App. 1973).

Pincite

Opinion

In a negligence action to recover damages for personal injuries and medical expenses, plaintiffs appeal from a judgment of the Supreme Court, Bungs County, entered December 10, 1971, in favor of defendant, upon the trial court’s dismissal of the complaint at the end of plaintiffs’ ease upon a jury trial of the issues of liability. Judgment reversed, on the law, and new trial granted, with costs to abide the event. No questions of fact were presented by this appeal. In our opinion there were questions of fact which should have been submitted to the jury for determination. Gulotta, Christ and Benjamin, JJ., concur; Martuseello, Acting P. J., and Shapiro, J., dissent and vote to affirm on the authority of Cardoza v. Sheiner (33 A D 2d 663, affd. 26 N Y 2d 897); Schnall v. City of New York (1 A D 2d 689, affd. 2 N Y 2d 959); Davis v. City of New York (270 App. Div. 1047, affd. 296 N. Y. 869).

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In a negligence action to recover damages for personal injuries and medical expenses, plaintiffs appeal from a judgment of the Supreme Court, Bungs County, entered December 10, 1971, in favor of defendant, upon the trial court’s dismissal of the complaint at the end of plaintiffs’ ease upon a jury trial of the issues of liability. Judgment reversed, on the law, and new trial granted, with costs to abide the event. No questions of fact were presented by this appeal. In our opinion there were questions of fact which should have been submitted to the jury for determination. Gulotta, Christ and Benjamin, JJ., concur; Martuseello, Acting P. J., and Shapiro, J., dissent and vote to affirm on the authority of Cardoza v. Sheiner (33 A D 2d 663, affd. 26 N Y 2d 897); Schnall v. City of New York (1 A D 2d 689, affd. 2 N Y 2d 959); Davis v. City of New York (270 App. Div. 1047, affd. 296 N. Y. 869).

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Bluebook (online)

41 A.D.2d 656, 340 N.Y.S.2d 872, 1973 N.Y. App. Div. LEXIS 5157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gasior-v-ehrlich-nyappdiv-1973.

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