Marsden v. Ardea Realty Corp. Consolidated Edison Co.

Appellate Division of the Supreme Court of New York

Marsden v. Ardea Realty Corp. Consolidated Edison Co.

260 A.D. 1005, 24 N.Y.S.2d 996, 1940 N.Y. App. Div. LEXIS 5813

Appellate Division of the Supreme Court of the State of New York·Decided December 13, 1940·Published

Opinion

Judgment in favor of the defendants Servel, Inc., and Electrolux Refrigerator Sales, Inc., unanimously affirmed, with costs to said respondents. Judgment in favor of the defendants Consolidated Edison Company of New York, Inc., and Ardea Realty Corporation reversed as to those defendants, the action severed and a new trial ordered, with costs to the appellants to abide the event. The evidence as to contributory negligence of the plaintiff Ethel Marsden and the negligence of the defendants Consolidated Edison Company of New York, Inc., and Ardea Realty Corporation raised issues of fact which should have been submitted to the jury. Present — Martin, P. J., Townley, Untermyer, Dore and Cohn, JJ.; Martin, P. J., and Dore, J., dissent and vote to affirm.

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Judgment in favor of the defendants Servel, Inc., and Electrolux Refrigerator Sales, Inc., unanimously affirmed, with costs to said respondents. Judgment in favor of the defendants Consolidated Edison Company of New York, Inc., and Ardea Realty Corporation reversed as to those defendants, the action severed and a new trial ordered, with costs to the appellants to abide the event. The evidence as to contributory negligence of the plaintiff Ethel Marsden and the negligence of the defendants Consolidated Edison Company of New York, Inc., and Ardea Realty Corporation raised issues of fact which should have been submitted to the jury. Present — Martin, P. J., Townley, Untermyer, Dore and Cohn, JJ.; Martin, P. J., and Dore, J., dissent and vote to affirm.

Marsden v. Ardea Realty Corp. Consolidated Edison Co., 260 A.D. 1005, 24 N.Y.S.2d 996, 1940 N.Y. App. Div. LEXIS 5813 (N.Y. Ct. App. 1940).

Pincite

260 A.D. 1005 (Marsden v. Ardea Realty Corp. Consolidated Edison Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.