Irish v. O'Brien

Appellate Division of the Supreme Court of New York

Irish v. O'Brien

259 A.D. 1033, 21 N.Y.S.2d 392, 1940 N.Y. App. Div. LEXIS 7861

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

DecidedJune 17, 1940

StatusPublished

This text of 259 A.D. 1033 (Irish v. O'Brien) 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

Irish v. O'Brien, 259 A.D. 1033, 21 N.Y.S.2d 392, 1940 N.Y. App. Div. LEXIS 7861 (N.Y. Ct. App. 1940).

Pincite

Opinion

Action to recover damages for personal injuries sustained by plaintiff when she stepped on or was about to step on the cellar doors in front of appellant’s premises, causing her to fall to the sidewalk. Judgment in favor of plaintiff, and order denying appellant’s motion to set aside the verdict and for a new trial, reversed on the law and the facts and a new trial granted, with costs to appellant to abide the event. The manner of the conduct of the trial and the character of the charge to the jury deprived the defendant-appellant of a fair trial. The interests of justice require a new trial. Hagarty, Carswell, Adel and Close, JJ., concur; Lazansky, P. J., not voting.

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Action to recover damages for personal injuries sustained by plaintiff when she stepped on or was about to step on the cellar doors in front of appellant’s premises, causing her to fall to the sidewalk. Judgment in favor of plaintiff, and order denying appellant’s motion to set aside the verdict and for a new trial, reversed on the law and the facts and a new trial granted, with costs to appellant to abide the event. The manner of the conduct of the trial and the character of the charge to the jury deprived the defendant-appellant of a fair trial. The interests of justice require a new trial. Hagarty, Carswell, Adel and Close, JJ., concur; Lazansky, P. J., not voting.

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Bluebook (online)

259 A.D. 1033, 21 N.Y.S.2d 392, 1940 N.Y. App. Div. LEXIS 7861, Counsel Stack Legal Research, https://law.counselstack.com/opinion/irish-v-obrien-nyappdiv-1940.