Konsek v. Stop-N-Go Foods, Inc.

Appellate Division of the Supreme Court of New York

Konsek v. Stop-N-Go Foods, Inc.

116 A.D.2d 1022, 498 N.Y.S.2d 637, 1986 N.Y. App. Div. LEXIS 51803

Appellate Division of the Supreme Court of the State of New York·Decided January 24, 1986·Published

Opinion

Judgment unanimously reversed, on the law, with costs, and new trial granted. Memorandum: The court erred in refusing plaintiff’s request to charge the jury that evidence of absence of prior accidents at the location where plaintiff fell was a factor for the jury to consider but was not conclusive on the issue of whether the sidewalk was defective (see, Orlick v Granit Hotel & Country Club, 30 NY2d 246; Wozniak v 100 S. Main St. Land & Dev. Improvement Corp., 61 AD2d 848). (Appeal from judgment of Supreme Court, Erie County, Joslin, J.—negligence.) Present—Callahan, J. P., Doerr, Boomer, Pine and Schnepp, JJ.

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Judgment unanimously reversed, on the law, with costs, and new trial granted. Memorandum: The court erred in refusing plaintiff’s request to charge the jury that evidence of absence of prior accidents at the location where plaintiff fell was a factor for the jury to consider but was not conclusive on the issue of whether the sidewalk was defective (see, Orlick v Granit Hotel & Country Club, 30 NY2d 246; Wozniak v 100 S. Main St. Land & Dev. Improvement Corp., 61 AD2d 848). (Appeal from judgment of Supreme Court, Erie County, Joslin, J.—negligence.) Present—Callahan, J. P., Doerr, Boomer, Pine and Schnepp, JJ.

Konsek v. Stop-N-Go Foods, Inc., 116 A.D.2d 1022, 498 N.Y.S.2d 637, 1986 N.Y. App. Div. LEXIS 51803 (N.Y. Ct. App. 1986).

Pincite

116 A.D.2d 1022 (Konsek v. Stop-N-Go Foods, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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