Lamphear v. Rapoport

Appellate Division of the Supreme Court of New York

Lamphear v. Rapoport

5 A.D.2d 985, 175 N.Y.S.2d 1018, 1958 N.Y. App. Div. LEXIS 6239

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

DecidedApril 22, 1958

StatusPublished

This text of 5 A.D.2d 985 (Lamphear v. Rapoport) 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

Lamphear v. Rapoport, 5 A.D.2d 985, 175 N.Y.S.2d 1018, 1958 N.Y. App. Div. LEXIS 6239 (N.Y. Ct. App. 1958).

Pincite

Opinions

Memorandum by

the Court.

The judgment in favor of plaintiff after nonjury trial should be reversed on the law and facts and complaint dismissed, without costs. Upon all the evidence we find that plaintiff was guilty of negligence contributing to the happening of the accident. In view of this finding we are required by section 584 of the Civil Practice Act to grant the motion for judgment which the court below ought to have granted (9 Carmody-Wait on New York Practice, § 177, p. 603 and cases therein cited).

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Memorandum by

the Court.

The judgment in favor of plaintiff after nonjury trial should be reversed on the law and facts and complaint dismissed, without costs. Upon all the evidence we find that plaintiff was guilty of negligence contributing to the happening of the accident. In view of this finding we are required by section 584 of the Civil Practice Act to grant the motion for judgment which the court below ought to have granted (9 Carmody-Wait on New York Practice, § 177, p. 603 and cases therein cited).

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Bluebook (online)

5 A.D.2d 985, 175 N.Y.S.2d 1018, 1958 N.Y. App. Div. LEXIS 6239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lamphear-v-rapoport-nyappdiv-1958.