Juliano v. Mackay Construction Corp.

Appellate Division of the Supreme Court of New York

Juliano v. Mackay Construction Corp.

39 A.D.2d 958, 334 N.Y.S.2d 370, 1972 N.Y. App. Div. LEXIS 4271

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

DecidedJune 19, 1972

StatusPublished

This text of 39 A.D.2d 958 (Juliano v. Mackay Construction Corp.) 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

Juliano v. Mackay Construction Corp., 39 A.D.2d 958, 334 N.Y.S.2d 370, 1972 N.Y. App. Div. LEXIS 4271 (N.Y. Ct. App. 1972).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, defendant Maekay Construction Corp. appeals from an interlocutory judgment of the Supreme Court, Queens County, entered February 16, 1972, against it and in favor of plaintiff, upon a jury verdict on the issue of liability only, after a trial upon that issue alone. The judgment also recites that the cause against defendant Edenwald Construction Co. and the causes against third- and fourth-party defendant Belt Contracting Co. were dismissed. Judgment reversed, on the law and in the interests of justice, and new trial granted as to all parties and causes, with costs to abide the event. In our opinion, this case was improperly submitted to the jury on the theory of res ipsa loquitur as against defendant Maekay Construction Corp. There should be a new trial as to all the parties and all the causes, in the interests of justice. Munder, Acting P. J., Latham, Gulotta, Brennan and Benjamin, JJ., concur.

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In a negligence action to recover damages for personal injuries, defendant Maekay Construction Corp. appeals from an interlocutory judgment of the Supreme Court, Queens County, entered February 16, 1972, against it and in favor of plaintiff, upon a jury verdict on the issue of liability only, after a trial upon that issue alone. The judgment also recites that the cause against defendant Edenwald Construction Co. and the causes against third- and fourth-party defendant Belt Contracting Co. were dismissed. Judgment reversed, on the law and in the interests of justice, and new trial granted as to all parties and causes, with costs to abide the event. In our opinion, this case was improperly submitted to the jury on the theory of res ipsa loquitur as against defendant Maekay Construction Corp. There should be a new trial as to all the parties and all the causes, in the interests of justice. Munder, Acting P. J., Latham, Gulotta, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

39 A.D.2d 958, 334 N.Y.S.2d 370, 1972 N.Y. App. Div. LEXIS 4271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/juliano-v-mackay-construction-corp-nyappdiv-1972.