Klager v. Sexton

Appellate Division of the Supreme Court of New York

Klager v. Sexton

15 A.D.2d 731, 223 N.Y.S.2d 251, 1962 N.Y. App. Div. LEXIS 12129

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

DecidedJanuary 10, 1962

StatusPublished

This text of 15 A.D.2d 731 (Klager v. Sexton) 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

Klager v. Sexton, 15 A.D.2d 731, 223 N.Y.S.2d 251, 1962 N.Y. App. Div. LEXIS 12129 (N.Y. Ct. App. 1962).

Pincite

Opinion

Memorandum: Implicit in our former decision (8 A B 2d 768) was the holding that the evidence presented a question of fact which required submission to the jury. The evidence introduced upon the second trial was substantially the same as that upon the first trial and the ease should have been submitted to the jury. (Appeal from judgment of Brie County Court dismissing plaintiffs’ complaint on a renewed motion made at the close of defendant’s evidence, in a negligence action.) Present—Bastow, J. P., Goldman, Halpem, MeClusky and Henry, JJ.

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Memorandum: Implicit in our former decision (8 A B 2d 768) was the holding that the evidence presented a question of fact which required submission to the jury. The evidence introduced upon the second trial was substantially the same as that upon the first trial and the ease should have been submitted to the jury. (Appeal from judgment of Brie County Court dismissing plaintiffs’ complaint on a renewed motion made at the close of defendant’s evidence, in a negligence action.) Present—Bastow, J. P., Goldman, Halpem, MeClusky and Henry, JJ.

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Bluebook (online)

15 A.D.2d 731, 223 N.Y.S.2d 251, 1962 N.Y. App. Div. LEXIS 12129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klager-v-sexton-nyappdiv-1962.