Horowitz v. Becken

Appellate Division of the Supreme Court of New York

Horowitz v. Becken

42 A.D.2d 780, 346 N.Y.S.2d 762, 1973 N.Y. App. Div. LEXIS 3700

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

DecidedJuly 30, 1973

StatusPublished

This text of 42 A.D.2d 780 (Horowitz v. Becken) 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

Horowitz v. Becken, 42 A.D.2d 780, 346 N.Y.S.2d 762, 1973 N.Y. App. Div. LEXIS 3700 (N.Y. Ct. App. 1973).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Bangs County, entered August 18, 1972 in favor of defendant Midland Iron Works, upon the trial court’s dismissal of the complaint at the close of plaintiff’s case at a jury trial. Judgment reversed, on the law, and new trial granted as between plaintiff and respondent, with costs to abide the event. The appeal did not present questions of fact. In our opinion, the evidence does not support the trial court’s determination that plaintiff was eontributorily negligent as a matter of law. Rabin, P. J., Munder, Latham, Shapiro and Gulotta, JJ., concur.

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In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Bangs County, entered August 18, 1972 in favor of defendant Midland Iron Works, upon the trial court’s dismissal of the complaint at the close of plaintiff’s case at a jury trial. Judgment reversed, on the law, and new trial granted as between plaintiff and respondent, with costs to abide the event. The appeal did not present questions of fact. In our opinion, the evidence does not support the trial court’s determination that plaintiff was eontributorily negligent as a matter of law. Rabin, P. J., Munder, Latham, Shapiro and Gulotta, JJ., concur.

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Bluebook (online)

42 A.D.2d 780, 346 N.Y.S.2d 762, 1973 N.Y. App. Div. LEXIS 3700, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horowitz-v-becken-nyappdiv-1973.