Imbese v. First National Stores, Inc.

Appellate Division of the Supreme Court of New York

Imbese v. First National Stores, Inc.

23 A.D.2d 850, 259 N.Y.S.2d 178, 1965 N.Y. App. Div. LEXIS 4316

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

DecidedMay 3, 1965

StatusPublished

This text of 23 A.D.2d 850 (Imbese v. First National Stores, 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

Imbese v. First National Stores, Inc., 23 A.D.2d 850, 259 N.Y.S.2d 178, 1965 N.Y. App. Div. LEXIS 4316 (N.Y. Ct. App. 1965).

Pincite

Opinion

'In an action to recover damages for personal injury, the defendant appeals from a judgment of the Supreme Court, Putnam County, entered October 22, 1964 after trial, upon a jury’s verdict in the plaintiff’s favor. Judgment affirmed, with costs. Plaintiff, while a customer in defendant’s store, was injured when he slipped and fell on vegetables and other refuse. The accident occurred between two counters in front of which was a carton, leaving only two or three feet in which plaintiff was able to walk. On this appeal, defendant’s sole contention is that the plaintiff was guilty of contributory negligence as a matter of law. Under the circumstances here, it is our opinion that whether the plaintiff was contributorily negligent was an issue of fact which was properly submitted to the jury (Gesario v. Chiapparine, 21 A D 2d 272, 275-276). Beldoek, P. J., Christ, Hill, Rabin and Benjamin, JJ., concur.

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

'In an action to recover damages for personal injury, the defendant appeals from a judgment of the Supreme Court, Putnam County, entered October 22, 1964 after trial, upon a jury’s verdict in the plaintiff’s favor. Judgment affirmed, with costs. Plaintiff, while a customer in defendant’s store, was injured when he slipped and fell on vegetables and other refuse. The accident occurred between two counters in front of which was a carton, leaving only two or three feet in which plaintiff was able to walk. On this appeal, defendant’s sole contention is that the plaintiff was guilty of contributory negligence as a matter of law. Under the circumstances here, it is our opinion that whether the plaintiff was contributorily negligent was an issue of fact which was properly submitted to the jury (Gesario v. Chiapparine, 21 A D 2d 272, 275-276). Beldoek, P. J., Christ, Hill, Rabin and Benjamin, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

23 A.D.2d 850, 259 N.Y.S.2d 178, 1965 N.Y. App. Div. LEXIS 4316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/imbese-v-first-national-stores-inc-nyappdiv-1965.