Kelly v. Kiebzak

Appellate Division of the Supreme Court of New York

Kelly v. Kiebzak

285 A.D. 1218, 140 N.Y.S.2d 520, 1955 N.Y. App. Div. LEXIS 7211

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

DecidedMay 18, 1955

StatusPublished

This text of 285 A.D. 1218 (Kelly v. Kiebzak) 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. Kiebzak, 285 A.D. 1218, 140 N.Y.S.2d 520, 1955 N.Y. App. Div. LEXIS 7211 (N.Y. Ct. App. 1955).

Pincite

Opinion

Judgment and order reversed on the facts and a new trial granted, with costs to the appellants to abide the event, on the ground that the verdict is against the weight of evidence. All concur, except Piper, J., who concurs as to reversal but votes for dismissal of the complaint on the ground that plaintiff failed to [1219]*1219establish his own freedom from contributory negligence and failed to establish any negligence on the part of the defendant.' (Appeal from a judgment for plaintiff in an action for damages for personal injuries alleged to have been sustained by plaintiff by reason of falling on a defective stairway in a restaurant. The order denied a motion for a new trial.) Present — McCurn, P. J., Vaughan, Kimball, Piper and Wheeler, JJ.

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Judgment and order reversed on the facts and a new trial granted, with costs to the appellants to abide the event, on the ground that the verdict is against the weight of evidence. All concur, except Piper, J., who concurs as to reversal but votes for dismissal of the complaint on the ground that plaintiff failed to [1219]*1219establish his own freedom from contributory negligence and failed to establish any negligence on the part of the defendant.' (Appeal from a judgment for plaintiff in an action for damages for personal injuries alleged to have been sustained by plaintiff by reason of falling on a defective stairway in a restaurant. The order denied a motion for a new trial.) Present — McCurn, P. J., Vaughan, Kimball, Piper and Wheeler, JJ.

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Bluebook (online)

285 A.D. 1218, 140 N.Y.S.2d 520, 1955 N.Y. App. Div. LEXIS 7211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelly-v-kiebzak-nyappdiv-1955.