Kelly v. Joseph P. Blitz, Inc.

Appellate Division of the Supreme Court of New York

Kelly v. Joseph P. Blitz, Inc.

48 A.D.2d 902, 372 N.Y.S.2d 987, 1975 N.Y. App. Div. LEXIS 10167

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

DecidedJune 23, 1975

StatusPublished

This text of 48 A.D.2d 902 (Kelly v. Joseph P. Blitz, 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

Kelly v. Joseph P. Blitz, Inc., 48 A.D.2d 902, 372 N.Y.S.2d 987, 1975 N.Y. App. Div. LEXIS 10167 (N.Y. Ct. App. 1975).

Pincite

Opinion

In an action to recover damages for personal injuries and wrongful death, plaintiff appeals from a judgment of the Supreme Court, Kings County, entered July 24, 1974, after a trial on the issue of liability only, which is in favor of defendants, upon the trial court’s (1) dismissal of the complaint as to defendants Concrete Construction Corp. and Standard Structural Steel, Inc., at the close of plaintiff’s case and (2) granting of a motion to set aside the jury verdict against defendant Joseph P. Blitz, Inc., and to dismiss the complaint as to said defendant. The third-party defendants appeal from such portions of the said judgment as, according to the judgment, are to be operative "in the event the jury verdict is reinstated by the Appellate Court.” Judgment affirmed, without costs. The jury’s verdict was properly set aside and the complaint properly dismissed. Consequently, all of the other issues raised on these appeals have been rendered academic. Martuscello, Acting P. J., Latham, Cohalan, Christ and Munder, JJ., concur.

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In an action to recover damages for personal injuries and wrongful death, plaintiff appeals from a judgment of the Supreme Court, Kings County, entered July 24, 1974, after a trial on the issue of liability only, which is in favor of defendants, upon the trial court’s (1) dismissal of the complaint as to defendants Concrete Construction Corp. and Standard Structural Steel, Inc., at the close of plaintiff’s case and (2) granting of a motion to set aside the jury verdict against defendant Joseph P. Blitz, Inc., and to dismiss the complaint as to said defendant. The third-party defendants appeal from such portions of the said judgment as, according to the judgment, are to be operative "in the event the jury verdict is reinstated by the Appellate Court.” Judgment affirmed, without costs. The jury’s verdict was properly set aside and the complaint properly dismissed. Consequently, all of the other issues raised on these appeals have been rendered academic. Martuscello, Acting P. J., Latham, Cohalan, Christ and Munder, JJ., concur.

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Bluebook (online)

48 A.D.2d 902, 372 N.Y.S.2d 987, 1975 N.Y. App. Div. LEXIS 10167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelly-v-joseph-p-blitz-inc-nyappdiv-1975.