Kahane v. 93rd Street Live Poultry Co.

Appellate Division of the Supreme Court of New York

Kahane v. 93rd Street Live Poultry Co.

284 A.D. 949, 135 N.Y.S.2d 626, 1954 N.Y. App. Div. LEXIS 4179

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

DecidedNovember 9, 1954

StatusPublished

This text of 284 A.D. 949 (Kahane v. 93rd Street Live Poultry Co.) 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

Kahane v. 93rd Street Live Poultry Co., 284 A.D. 949, 135 N.Y.S.2d 626, 1954 N.Y. App. Div. LEXIS 4179 (N.Y. Ct. App. 1954).

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Opinion

Judgment affirmed. No opinion. Present — Peck, P. J., Dore, Cohn, Callahan and Botein, JJ.; Peck, P. J., and Dore, J., dissent and vote to reverse and grant new trial in the following memorandum: The testimony of plaintiff’s eyewitness to the accident is against the weight of credible evidence as to traffic conditions at the time and his testimony as to what he saw is open to serious question. Accepting that evidence, however, it is difficult, if not impossible, to see how the accident could have happened without plaintiff’s decedent being contributorily negligent. The verdict is against the weight of the credible evidence.

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Judgment affirmed. No opinion. Present — Peck, P. J., Dore, Cohn, Callahan and Botein, JJ.; Peck, P. J., and Dore, J., dissent and vote to reverse and grant new trial in the following memorandum: The testimony of plaintiff’s eyewitness to the accident is against the weight of credible evidence as to traffic conditions at the time and his testimony as to what he saw is open to serious question. Accepting that evidence, however, it is difficult, if not impossible, to see how the accident could have happened without plaintiff’s decedent being contributorily negligent. The verdict is against the weight of the credible evidence.

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Bluebook (online)

284 A.D. 949, 135 N.Y.S.2d 626, 1954 N.Y. App. Div. LEXIS 4179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kahane-v-93rd-street-live-poultry-co-nyappdiv-1954.