Holleran v. State

Appellate Division of the Supreme Court of New York

Holleran v. State

8 A.D.2d 997, 1959 N.Y. App. Div. LEXIS 7558

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

DecidedJuly 14, 1959

DocketClaim No. 30846

StatusPublished

This text of 8 A.D.2d 997 (Holleran v. State) 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

Holleran v. State, 8 A.D.2d 997, 1959 N.Y. App. Div. LEXIS 7558 (N.Y. Ct. App. 1959).

Pincite

Opinion

Judgment reversed on the law and facts, with costs to claimant, and matter remitted to the Court of Claims for determination of the amount of damages. Certain findings of fact and conclusions of law disapproved and reversed and new findings made. Memorandum: In this record we find evidence sufficient to support a finding of negligence on the part of the State and absence of contributory negligence on the part of claimant. All concur, except Williams, J., who dissents and votes for affirmance. (Appeal from a judgment of the Court of Claims dismissing a claim for damages for loss of services of, and medical attendance for, claimant’s daughter, alleged to have resulted from injuries sustained by reason of negligence in school instruction.) Present — MeCurn, P. J., Williams, Bastow, Goldman and Halpern, JJ.

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Judgment reversed on the law and facts, with costs to claimant, and matter remitted to the Court of Claims for determination of the amount of damages. Certain findings of fact and conclusions of law disapproved and reversed and new findings made. Memorandum: In this record we find evidence sufficient to support a finding of negligence on the part of the State and absence of contributory negligence on the part of claimant. All concur, except Williams, J., who dissents and votes for affirmance. (Appeal from a judgment of the Court of Claims dismissing a claim for damages for loss of services of, and medical attendance for, claimant’s daughter, alleged to have resulted from injuries sustained by reason of negligence in school instruction.) Present — MeCurn, P. J., Williams, Bastow, Goldman and Halpern, JJ.

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Bluebook (online)

8 A.D.2d 997, 1959 N.Y. App. Div. LEXIS 7558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holleran-v-state-nyappdiv-1959.