Kenny v. Essman

New York Court of Appeals

Kenny v. Essman

86 N.E.2d 106, 299 N.Y. 583, 1949 N.Y. LEXIS 1044

CourtNew York Court of Appeals

DecidedApril 14, 1949

StatusPublished

Cited by1 cases

This text of 86 N.E.2d 106 (Kenny v. Essman) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kenny v. Essman, 86 N.E.2d 106, 299 N.Y. 583, 1949 N.Y. LEXIS 1044 (N.Y. 1949).

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Opinion

*585 Judgments modified by reversing so much thereof as dismissed the second cause of action and by granting a new trial thereof, and as so modified, affirmed, with costs to abide the event. In our view, the evidence presented in connection with the second cause of action, predicated upon the defendants’ “ negligence ” in maintaining the floor of their butcher shop “in a slippery and dangerous condition ”, was sufficient to require submission of that cause of action to the jury. No opinion.

Concur: Loughran, Ch. J., Lewis, Desmond, Fuld and Bromley, JJ. Conway, J., concurs as to the second cause of action but dissents and votes to reverse as to the first cause of action and votes to grant a new trial as to that also on the opinion of Mr. Justice Dore in the Appellate Division. Dye, J., dissents and votes to affirm.

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*585 Judgments modified by reversing so much thereof as dismissed the second cause of action and by granting a new trial thereof, and as so modified, affirmed, with costs to abide the event. In our view, the evidence presented in connection with the second cause of action, predicated upon the defendants’ “ negligence ” in maintaining the floor of their butcher shop “in a slippery and dangerous condition ”, was sufficient to require submission of that cause of action to the jury. No opinion.

Concur: Loughran, Ch. J., Lewis, Desmond, Fuld and Bromley, JJ. Conway, J., concurs as to the second cause of action but dissents and votes to reverse as to the first cause of action and votes to grant a new trial as to that also on the opinion of Mr. Justice Dore in the Appellate Division. Dye, J., dissents and votes to affirm.

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Bluebook (online)

86 N.E.2d 106, 299 N.Y. 583, 1949 N.Y. LEXIS 1044, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kenny-v-essman-ny-1949.

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