Gates v. Associated Warshauer Society for Aged, Inc.

Appellate Division of the Supreme Court of New York

Gates v. Associated Warshauer Society for Aged, Inc.

4 A.D.2d 1018, 169 N.Y.S.2d 193, 1957 N.Y. App. Div. LEXIS 3649

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

DecidedDecember 10, 1957

StatusPublished

This text of 4 A.D.2d 1018 (Gates v. Associated Warshauer Society for Aged, Inc.) 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

Gates v. Associated Warshauer Society for Aged, Inc., 4 A.D.2d 1018, 169 N.Y.S.2d 193, 1957 N.Y. App. Div. LEXIS 3649 (N.Y. Ct. App. 1957).

Pincite

Opinion

Judgment unanimously reversed and complaint dismissed. The evidence fails to establish any negligence on the part of the defendant. The complaint should have been dismissed at the close of the plaintiff’s case. We note in passing that the decision of the trial court does not meet the requirements of section 440 of the Civil Practice Act. Settle order. Concur— Peck, P. J., Breitel, Botein, Frank and Valente, JJ.

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Judgment unanimously reversed and complaint dismissed. The evidence fails to establish any negligence on the part of the defendant. The complaint should have been dismissed at the close of the plaintiff’s case. We note in passing that the decision of the trial court does not meet the requirements of section 440 of the Civil Practice Act. Settle order. Concur— Peck, P. J., Breitel, Botein, Frank and Valente, JJ.

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Bluebook (online)

4 A.D.2d 1018, 169 N.Y.S.2d 193, 1957 N.Y. App. Div. LEXIS 3649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gates-v-associated-warshauer-society-for-aged-inc-nyappdiv-1957.