Kelm v. Richter

Appellate Division of the Supreme Court of New York

Kelm v. Richter

43 A.D.2d 574, 349 N.Y.S.2d 330, 1973 N.Y. App. Div. LEXIS 3165

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

DecidedNovember 12, 1973

StatusPublished

This text of 43 A.D.2d 574 (Kelm v. Richter) 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

Kelm v. Richter, 43 A.D.2d 574, 349 N.Y.S.2d 330, 1973 N.Y. App. Div. LEXIS 3165 (N.Y. Ct. App. 1973).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Queens County, entered February 14, 1973, in favor of defendants, upon the trial court’s dismissal of the complaint at the end of plaintiff’s case at a jury trial of liability only. Judgment reversed, on the law, and new trial granted, with costs to abide the event, The appeal did not present questions of fact. In our opinion, the proof presented issues of fact and, therefore, a determination by the jury was required. Shapiro, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Queens County, entered February 14, 1973, in favor of defendants, upon the trial court’s dismissal of the complaint at the end of plaintiff’s case at a jury trial of liability only. Judgment reversed, on the law, and new trial granted, with costs to abide the event, The appeal did not present questions of fact. In our opinion, the proof presented issues of fact and, therefore, a determination by the jury was required. Shapiro, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

43 A.D.2d 574, 349 N.Y.S.2d 330, 1973 N.Y. App. Div. LEXIS 3165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelm-v-richter-nyappdiv-1973.