Levine v. City of New York

Appellate Division of the Supreme Court of New York

Levine v. City of New York

1 A.D.2d 661, 147 N.Y.S.2d 684, 1955 N.Y. App. Div. LEXIS 3872

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

DecidedDecember 13, 1955

StatusPublished

This text of 1 A.D.2d 661 (Levine v. City of New York) 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

Levine v. City of New York, 1 A.D.2d 661, 147 N.Y.S.2d 684, 1955 N.Y. App. Div. LEXIS 3872 (N.Y. Ct. App. 1955).

Pincite

Opinion

We regard the obligation of this court to be the resettlement of its order so as to set forth findings of fact on which the prior decision of this court was based and not to consider the matter de novo. Accordingly, a resettled order will be signed containing the facts as found by this court in its Per Curiam, opinion and reversing the findings of the Special Referee inconsistent therewith. In view of the concession as to the plaintiff’s age the order may contain a finding that she was about ten years of age at the time of the accident. Submit order of resettlement on notice. Concur — Peck, P. J., Cohn, Rabin and Cox, JJ.; [662]*662Botein, J., dissents and votes to affirm in accordance with previous dissent (see 283 App. Div. 620).

Free access — add to your briefcase to read the full text and ask questions with AI

We regard the obligation of this court to be the resettlement of its order so as to set forth findings of fact on which the prior decision of this court was based and not to consider the matter de novo. Accordingly, a resettled order will be signed containing the facts as found by this court in its Per Curiam, opinion and reversing the findings of the Special Referee inconsistent therewith. In view of the concession as to the plaintiff’s age the order may contain a finding that she was about ten years of age at the time of the accident. Submit order of resettlement on notice. Concur — Peck, P. J., Cohn, Rabin and Cox, JJ.; [662]*662Botein, J., dissents and votes to affirm in accordance with previous dissent (see 283 App. Div. 620).

Cite This Page — Counsel Stack

Bluebook (online)

1 A.D.2d 661, 147 N.Y.S.2d 684, 1955 N.Y. App. Div. LEXIS 3872, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levine-v-city-of-new-york-nyappdiv-1955.

Opinion

Related

Cite This Page — Counsel Stack