Hicksville Metal Products, Inc. v. Jeremiah Burns, Inc.

Appellate Division of the Supreme Court of New York

Hicksville Metal Products, Inc. v. Jeremiah Burns, Inc.

84 A.D.2d 807, 449 N.Y.S.2d 440, 1981 N.Y. App. Div. LEXIS 16015

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

DecidedNovember 23, 1981

StatusPublished

This text of 84 A.D.2d 807 (Hicksville Metal Products, Inc. v. Jeremiah Burns, 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

Hicksville Metal Products, Inc. v. Jeremiah Burns, Inc., 84 A.D.2d 807, 449 N.Y.S.2d 440, 1981 N.Y. App. Div. LEXIS 16015 (N.Y. Ct. App. 1981).

Pincite

Opinion

Appeal from a judgment of Supreme Court, Nassau County (Vitale, J.), entered May 25, 1979, which dismissed the complaint following (1) the granting at the close of the plaintiff’s case, that branch of the defendants’ motion which was to dismiss the second and third causes of action, and (2) a jury verdict in defendants’ favor as to the first cause of action. Judgment modified by deleting the provision thereof dismissing the complaint and substituting a provision dismissing the second and third causes of action. As so modified, judgment affirmed and a new trial is granted with respect to the first cause of action, with costs to abide the event. There was no evidence from which the jury could possibly find that plaintiff was contributorily negligent and no charge should have been given thereon. Mangano, J.P., Weinstein, Thompson and Bracken, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from a judgment of Supreme Court, Nassau County (Vitale, J.), entered May 25, 1979, which dismissed the complaint following (1) the granting at the close of the plaintiff’s case, that branch of the defendants’ motion which was to dismiss the second and third causes of action, and (2) a jury verdict in defendants’ favor as to the first cause of action. Judgment modified by deleting the provision thereof dismissing the complaint and substituting a provision dismissing the second and third causes of action. As so modified, judgment affirmed and a new trial is granted with respect to the first cause of action, with costs to abide the event. There was no evidence from which the jury could possibly find that plaintiff was contributorily negligent and no charge should have been given thereon. Mangano, J.P., Weinstein, Thompson and Bracken, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

84 A.D.2d 807, 449 N.Y.S.2d 440, 1981 N.Y. App. Div. LEXIS 16015, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hicksville-metal-products-inc-v-jeremiah-burns-inc-nyappdiv-1981.