Hogan v. Chess Service Co.

Appellate Division of the Supreme Court of New York

Hogan v. Chess Service Co.

3 A.D.2d 909, 162 N.Y.S.2d 948, 1957 N.Y. App. Div. LEXIS 5290

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

DecidedMay 28, 1957

StatusPublished

This text of 3 A.D.2d 909 (Hogan v. Chess Service Co.) 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

Hogan v. Chess Service Co., 3 A.D.2d 909, 162 N.Y.S.2d 948, 1957 N.Y. App. Div. LEXIS 5290 (N.Y. Ct. App. 1957).

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Opinion

Judgment in favor of plaintiff, after nonjury trial, unanimously reversed and a new trial ordered, with costs of this appeal to abide the event. Plaintiff failed to make out a prima facie ease of defendants’ negligence, but we are not satisfied that he is not entitled to a better presentation, especially if an examination before trial of defendant should be first obtained. Accordingly, in the interests of justice there should be a new trial. In the light of this disposition no view is expressed with respect to the adequacy or inadequacy of the award. Concur ■—Breitel, J. P., Rabin, Frank, Yalente and McNally, JJ.

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Judgment in favor of plaintiff, after nonjury trial, unanimously reversed and a new trial ordered, with costs of this appeal to abide the event. Plaintiff failed to make out a prima facie ease of defendants’ negligence, but we are not satisfied that he is not entitled to a better presentation, especially if an examination before trial of defendant should be first obtained. Accordingly, in the interests of justice there should be a new trial. In the light of this disposition no view is expressed with respect to the adequacy or inadequacy of the award. Concur ■—Breitel, J. P., Rabin, Frank, Yalente and McNally, JJ.

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Bluebook (online)

3 A.D.2d 909, 162 N.Y.S.2d 948, 1957 N.Y. App. Div. LEXIS 5290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hogan-v-chess-service-co-nyappdiv-1957.