Hepner v. Fitall

Appellate Division of the Supreme Court of New York

Hepner v. Fitall

73 A.D.2d 958, 423 N.Y.S.2d 1018, 1980 N.Y. App. Div. LEXIS 9887

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

DecidedJanuary 28, 1980

StatusPublished

This text of 73 A.D.2d 958 (Hepner v. Fitall) 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

Hepner v. Fitall, 73 A.D.2d 958, 423 N.Y.S.2d 1018, 1980 N.Y. App. Div. LEXIS 9887 (N.Y. Ct. App. 1980).

Pincite

Opinion

— In a negligence action to recover damages for personal injuries, plaintiff appeals from so much of a judgment of the Supreme Court, Suffolk County, entered August 30, 1979, as is in favor of defendant upon the trial court’s granting of the defendant’s motion for judgment at the close of plaintiff’s case, at a jury trial limited to the issue of liability only. Judgment reversed insofar as appealed from, on the law, the provision granting defendant’s motion is deleted, the motion is denied, and a new trial is granted, with costs to abide the event. The evidence presented by the plaintiff was sufficient to establish a prima facie case. Titone, J. P., Mangano, Rabin and Cohalan, JJ., concur.

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— In a negligence action to recover damages for personal injuries, plaintiff appeals from so much of a judgment of the Supreme Court, Suffolk County, entered August 30, 1979, as is in favor of defendant upon the trial court’s granting of the defendant’s motion for judgment at the close of plaintiff’s case, at a jury trial limited to the issue of liability only. Judgment reversed insofar as appealed from, on the law, the provision granting defendant’s motion is deleted, the motion is denied, and a new trial is granted, with costs to abide the event. The evidence presented by the plaintiff was sufficient to establish a prima facie case. Titone, J. P., Mangano, Rabin and Cohalan, JJ., concur.

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Bluebook (online)

73 A.D.2d 958, 423 N.Y.S.2d 1018, 1980 N.Y. App. Div. LEXIS 9887, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hepner-v-fitall-nyappdiv-1980.