Goldenberg v. City of New York

Appellate Division of the Supreme Court of New York

Goldenberg v. City of New York

43 A.D.2d 861, 351 N.Y.S.2d 443, 1974 N.Y. App. Div. LEXIS 5868

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

DecidedJanuary 28, 1974

StatusPublished

Cited by6 cases

This text of 43 A.D.2d 861 (Goldenberg v. City of New York) 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

Goldenberg v. City of New York, 43 A.D.2d 861, 351 N.Y.S.2d 443, 1974 N.Y. App. Div. LEXIS 5868 (N.Y. Ct. App. 1974).

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Opinion

In a negligence and nuisance action to recover damages for personal injuries sustained by plaintiff’s intestate, plaintiff appeals from a judgment of the Supreme Court, Kings County, entered July 26, 1972, in favor of defendants, upon the trial court’s dismissal of the complaint at a jury trial. Judgment reversed, on the law, and new trial granted, with costs to abide the event. The appeal did-not raise questions of fact. The trial was the second jury trial of this case. At this second trial plaintiff presented the identical evidence that had been placed in the record at the first trial. At the end of plaintiff’s case in the first trial, the court granted a motion to dismiss the complaint. On appeal, this court reversed and granted the new trial on the ground that plaintiff had made out a prima facie case (Goldenberg v. City of New York, 39 A D 2d 571). A trial court to which an action has been remitted by an appellate court for a new trial has no jurisdiction to review matters decided by the appellate court (Mormtein v. Podwitz, 229 App. Div. 167, affd. 254 N. Y. 443). Gulotta, P. J., Martuscello, Latham, Benjamin and Munder, JJ., concur.

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In a negligence and nuisance action to recover damages for personal injuries sustained by plaintiff’s intestate, plaintiff appeals from a judgment of the Supreme Court, Kings County, entered July 26, 1972, in favor of defendants, upon the trial court’s dismissal of the complaint at a jury trial. Judgment reversed, on the law, and new trial granted, with costs to abide the event. The appeal did-not raise questions of fact. The trial was the second jury trial of this case. At this second trial plaintiff presented the identical evidence that had been placed in the record at the first trial. At the end of plaintiff’s case in the first trial, the court granted a motion to dismiss the complaint. On appeal, this court reversed and granted the new trial on the ground that plaintiff had made out a prima facie case (Goldenberg v. City of New York, 39 A D 2d 571). A trial court to which an action has been remitted by an appellate court for a new trial has no jurisdiction to review matters decided by the appellate court (Mormtein v. Podwitz, 229 App. Div. 167, affd. 254 N. Y. 443). Gulotta, P. J., Martuscello, Latham, Benjamin and Munder, JJ., concur.

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Bluebook (online)

43 A.D.2d 861, 351 N.Y.S.2d 443, 1974 N.Y. App. Div. LEXIS 5868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goldenberg-v-city-of-new-york-nyappdiv-1974.

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