Majeski v. Accurate Construction Co.

Appellate Division of the Supreme Court of New York

Majeski v. Accurate Construction Co.

13 A.D.2d 986, 216 N.Y.S.2d 724, 1961 N.Y. App. Div. LEXIS 10323

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

DecidedJune 12, 1961

StatusPublished

Cited by1 cases

This text of 13 A.D.2d 986 (Majeski v. Accurate Construction Co.) 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

Majeski v. Accurate Construction Co., 13 A.D.2d 986, 216 N.Y.S.2d 724, 1961 N.Y. App. Div. LEXIS 10323 (N.Y. Ct. App. 1961).

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Opinion

In a negligence action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Kings County, dated December 9, 1959, as dismissed his complaint against defendant Accurate Construction Company, on the basis of the opening statement made by plaintiff’s counsel upon a jury trial. Judgment insofar as appealed from, reversed, with costs, action severed as to said defendant Accurate Construction Company, and new trial ordered as against it. In our opinion, counsel’s opening statement, read in the light of the issues raised by the pleadings (including plaintiff’s bill of particulars), raised triable questions of fact as to plaintiff’s freedom from contributory negligence and as to whether the said defendant was guilty of actionable negligence. Kleinfeld, Christ and Pette, JJ., concur; Beldock, Acting P. J., and Ughetta, J., dissent and vote to affirm.

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In a negligence action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Kings County, dated December 9, 1959, as dismissed his complaint against defendant Accurate Construction Company, on the basis of the opening statement made by plaintiff’s counsel upon a jury trial. Judgment insofar as appealed from, reversed, with costs, action severed as to said defendant Accurate Construction Company, and new trial ordered as against it. In our opinion, counsel’s opening statement, read in the light of the issues raised by the pleadings (including plaintiff’s bill of particulars), raised triable questions of fact as to plaintiff’s freedom from contributory negligence and as to whether the said defendant was guilty of actionable negligence. Kleinfeld, Christ and Pette, JJ., concur; Beldock, Acting P. J., and Ughetta, J., dissent and vote to affirm.

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Bluebook (online)

13 A.D.2d 986, 216 N.Y.S.2d 724, 1961 N.Y. App. Div. LEXIS 10323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/majeski-v-accurate-construction-co-nyappdiv-1961.

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