Gatto v. Elmore

Appellate Division of the Supreme Court of New York

Gatto v. Elmore

37 A.D.2d 977, 327 N.Y.S.2d 599, 1971 N.Y. App. Div. LEXIS 2966

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

DecidedNovember 22, 1971

StatusPublished

This text of 37 A.D.2d 977 (Gatto v. Elmore) 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

Gatto v. Elmore, 37 A.D.2d 977, 327 N.Y.S.2d 599, 1971 N.Y. App. Div. LEXIS 2966 (N.Y. Ct. App. 1971).

Pincite

Opinion

In an action to recover damages for personal injuries, defendant appeals from an interlocutory judgment of the Supreme Court, Queens County, entered May 1, 1970, in favor of plaintiff on the issue of liability only, upon a jury verdict. Judgment reversed, on the law, and new trial granted, with costs to abide the event. The questions of fact have not been considered. In our opinion the proof concerning the possibility of an alternate safe route which plaintiff might have used was so unclear that a fair determination of that question could not be made by the jury. Hence, this record is inadequate for a proper determination of the issue of contributory negligence; and a new trial should be had. Latham, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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In an action to recover damages for personal injuries, defendant appeals from an interlocutory judgment of the Supreme Court, Queens County, entered May 1, 1970, in favor of plaintiff on the issue of liability only, upon a jury verdict. Judgment reversed, on the law, and new trial granted, with costs to abide the event. The questions of fact have not been considered. In our opinion the proof concerning the possibility of an alternate safe route which plaintiff might have used was so unclear that a fair determination of that question could not be made by the jury. Hence, this record is inadequate for a proper determination of the issue of contributory negligence; and a new trial should be had. Latham, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

37 A.D.2d 977, 327 N.Y.S.2d 599, 1971 N.Y. App. Div. LEXIS 2966, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gatto-v-elmore-nyappdiv-1971.