Levine v. Kopelowitz

Appellate Division of the Supreme Court of New York

Levine v. Kopelowitz

249 A.D. 860, 292 N.Y.S. 764, 1937 N.Y. App. Div. LEXIS 10027

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

DecidedJanuary 29, 1937

StatusPublished

This text of 249 A.D. 860 (Levine v. Kopelowitz) 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. Kopelowitz, 249 A.D. 860, 292 N.Y.S. 764, 1937 N.Y. App. Div. LEXIS 10027 (N.Y. Ct. App. 1937).

Pincite

Opinion

In an action brought by the plaintiff for damages sustained while riding as a passenger in defendant’s automobile through the skidding of the automobile, judgment in favor of the defendant reversed on the law and the facts and a new trial granted, costs to abide the event. In the opinion of this court, the verdict was against the weight of the credible evidence. The language of the charge at folio 348 was misleading, and at folios 358 and 363 it placed undue emphasis on the plaintiff’s failure to leave the car before the accident as evidence of contributory negligence. Lazansky, P. J., Carswell, Davis, Adel and Close, JJ., concur.

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In an action brought by the plaintiff for damages sustained while riding as a passenger in defendant’s automobile through the skidding of the automobile, judgment in favor of the defendant reversed on the law and the facts and a new trial granted, costs to abide the event. In the opinion of this court, the verdict was against the weight of the credible evidence. The language of the charge at folio 348 was misleading, and at folios 358 and 363 it placed undue emphasis on the plaintiff’s failure to leave the car before the accident as evidence of contributory negligence. Lazansky, P. J., Carswell, Davis, Adel and Close, JJ., concur.

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Bluebook (online)

249 A.D. 860, 292 N.Y.S. 764, 1937 N.Y. App. Div. LEXIS 10027, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levine-v-kopelowitz-nyappdiv-1937.