Lane v. Town of Brookhaven

Appellate Division of the Supreme Court of New York

Lane v. Town of Brookhaven

23 A.D.2d 689, 257 N.Y.S.2d 721, 1965 N.Y. App. Div. LEXIS 4614

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

DecidedMarch 22, 1965

StatusPublished

This text of 23 A.D.2d 689 (Lane v. Town of Brookhaven) 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

Lane v. Town of Brookhaven, 23 A.D.2d 689, 257 N.Y.S.2d 721, 1965 N.Y. App. Div. LEXIS 4614 (N.Y. Ct. App. 1965).

Pincite

Opinion

In a negligence action to recover damages for personal injury, plaintiff appeals from a judgment of the Supreme Court, Suffolk County, entered December 6, 1963 after a jury trial, which dismissed the complaint on the merits at the end of the plaintiff’s proof, for failure to establish a prima facie ease of negligence against the defendant. Judgment affirmed, without costs. Plaintiff, a garbage collector, was injured at defendant’s garbage dump when a can flew through the air and struck him, resulting in the loss of an eye. Our examination of the record discloses no credible proof as to whether the can came from above the ground or from the garbage pit. Under the circumstances, the trial court was justified in dismissing the complaint at the end of plaintiff’s case. Ughetta, Acting P. J., Brennan, Hill, Rabin and Hopkins, JJ., concur.

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In a negligence action to recover damages for personal injury, plaintiff appeals from a judgment of the Supreme Court, Suffolk County, entered December 6, 1963 after a jury trial, which dismissed the complaint on the merits at the end of the plaintiff’s proof, for failure to establish a prima facie ease of negligence against the defendant. Judgment affirmed, without costs. Plaintiff, a garbage collector, was injured at defendant’s garbage dump when a can flew through the air and struck him, resulting in the loss of an eye. Our examination of the record discloses no credible proof as to whether the can came from above the ground or from the garbage pit. Under the circumstances, the trial court was justified in dismissing the complaint at the end of plaintiff’s case. Ughetta, Acting P. J., Brennan, Hill, Rabin and Hopkins, JJ., concur.

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Bluebook (online)

23 A.D.2d 689, 257 N.Y.S.2d 721, 1965 N.Y. App. Div. LEXIS 4614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lane-v-town-of-brookhaven-nyappdiv-1965.