Gelman v. Trans World Airlines, Inc.

Appellate Division of the Supreme Court of New York

Gelman v. Trans World Airlines, Inc.

40 A.D.2d 850, 337 N.Y.S.2d 835, 1972 N.Y. App. Div. LEXIS 3366

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

DecidedNovember 20, 1972

StatusPublished

This text of 40 A.D.2d 850 (Gelman v. Trans World Airlines, 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

Gelman v. Trans World Airlines, Inc., 40 A.D.2d 850, 337 N.Y.S.2d 835, 1972 N.Y. App. Div. LEXIS 3366 (N.Y. Ct. App. 1972).

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Opinion

In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Nassau County, entered March 29, 1972 in favor of defendant, upon the trial court’s dismissal of the complaint at the close of the ease at a jury trial of the issue of liability only. Judgment reversed, on the law, and new trial granted, with costs to abide the event. The appeal did not present questions of fact. In our opinion, the evidence adduced at the trial of the issue of liability presented questions of fact with respect to defendant’s alleged negligence and plaintiff’s possible contributory negligence. Plaintiff was entitled to have those questions resolved by the jury and not the court (see McDonald v. Metropolitan St. Ry. Co., 167 N. Y. 66, 70). Rabin, P. J., Munder, Latham, Shapiro and Christ, JJ., concur.

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In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Nassau County, entered March 29, 1972 in favor of defendant, upon the trial court’s dismissal of the complaint at the close of the ease at a jury trial of the issue of liability only. Judgment reversed, on the law, and new trial granted, with costs to abide the event. The appeal did not present questions of fact. In our opinion, the evidence adduced at the trial of the issue of liability presented questions of fact with respect to defendant’s alleged negligence and plaintiff’s possible contributory negligence. Plaintiff was entitled to have those questions resolved by the jury and not the court (see McDonald v. Metropolitan St. Ry. Co., 167 N. Y. 66, 70). Rabin, P. J., Munder, Latham, Shapiro and Christ, JJ., concur.

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Bluebook (online)

40 A.D.2d 850, 337 N.Y.S.2d 835, 1972 N.Y. App. Div. LEXIS 3366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gelman-v-trans-world-airlines-inc-nyappdiv-1972.

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