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

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

DecidedDecember 13, 1940

StatusPublished

This text of 260 A.D. 1005 (Marsden v. Ardea Realty Corp. Consolidated Edison 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

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

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.

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Bluebook (online)

260 A.D. 1005, 24 N.Y.S.2d 996, 1940 N.Y. App. Div. LEXIS 5813, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marsden-v-ardea-realty-corp-consolidated-edison-co-nyappdiv-1940.