Londa v. Estates

Appellate Division of the Supreme Court of New York

Londa v. Estates

56 A.D.2d 922, 393 N.Y.S.2d 172, 1977 N.Y. App. Div. LEXIS 11316

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

DecidedMarch 28, 1977

StatusPublished

This text of 56 A.D.2d 922 (Londa v. Estates) 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

Londa v. Estates, 56 A.D.2d 922, 393 N.Y.S.2d 172, 1977 N.Y. App. Div. LEXIS 11316 (N.Y. Ct. App. 1977).

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Opinion

In an action to recover damages for personal injuries and for wrongful death, defendant Dougbay Estates appealed from a judgment of the Supreme Court, Queens County, entered January 7, 1975, which is against it upon the wrongful death action, upon a jury verdict. This court reversed the judgment, on the law, and dismissed the complaint, but the Court of Appeals reversed that determination and remitted the case to this court for further proceedings (Londa v Dougbay Estates, 50 AD2d 925, revd 40 NY2d [923]*9231001). Judgment affirmed, with costs. Our review of the facts under the guidelines of Basso v Miller (40 NY2d 233, 241) and Scurti v City of New York (40 NY2d 433, 437) that the " 'standard [is one] of reasonable care under the circumstances whereby foreseeability shall be a measure of liability’ ”, leads to the conclusion that the verdict was not contrary to the weight of the evidence. Latham, Acting P. J., Cohalan, Hargett, Damiani and Rabin, JJ., concur.

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In an action to recover damages for personal injuries and for wrongful death, defendant Dougbay Estates appealed from a judgment of the Supreme Court, Queens County, entered January 7, 1975, which is against it upon the wrongful death action, upon a jury verdict. This court reversed the judgment, on the law, and dismissed the complaint, but the Court of Appeals reversed that determination and remitted the case to this court for further proceedings (Londa v Dougbay Estates, 50 AD2d 925, revd 40 NY2d [923]*9231001). Judgment affirmed, with costs. Our review of the facts under the guidelines of Basso v Miller (40 NY2d 233, 241) and Scurti v City of New York (40 NY2d 433, 437) that the " 'standard [is one] of reasonable care under the circumstances whereby foreseeability shall be a measure of liability’ ”, leads to the conclusion that the verdict was not contrary to the weight of the evidence. Latham, Acting P. J., Cohalan, Hargett, Damiani and Rabin, JJ., concur.

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Bluebook (online)

56 A.D.2d 922, 393 N.Y.S.2d 172, 1977 N.Y. App. Div. LEXIS 11316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/londa-v-estates-nyappdiv-1977.

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