Maynard v. Wigdzinski

Appellate Division of the Supreme Court of New York

Maynard v. Wigdzinski

45 A.D.2d 883, 358 N.Y.S.2d 670, 1974 N.Y. App. Div. LEXIS 4364

Appellate Division of the Supreme Court of the State of New York·Decided July 22, 1974·Published

Opinion

In a negligence action to recover damages for personal and property injuries, plaintiffs appeal from a judgment of the Supreme Court, Nassau County, entered October 3, 1973, in favor of defendants, upon the trial court’s dismissal of the complaint at the end of plaintiffs’ case upon a jury trial. Judgment reversed, on the law, and new trial granted, with costs to abide the event. No questions of fact were presented on this appeal. Factual issues were presented at the trial and therefore the complaint should not have been dismissed as a matter of law. Shapiro, Acting P. Brennan and Benjamin, JJ., concur.

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In a negligence action to recover damages for personal and property injuries, plaintiffs appeal from a judgment of the Supreme Court, Nassau County, entered October 3, 1973, in favor of defendants, upon the trial court’s dismissal of the complaint at the end of plaintiffs’ case upon a jury trial. Judgment reversed, on the law, and new trial granted, with costs to abide the event. No questions of fact were presented on this appeal. Factual issues were presented at the trial and therefore the complaint should not have been dismissed as a matter of law. Shapiro, Acting P. Brennan and Benjamin, JJ., concur.

Maynard v. Wigdzinski, 45 A.D.2d 883, 358 N.Y.S.2d 670, 1974 N.Y. App. Div. LEXIS 4364 (N.Y. Ct. App. 1974).

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45 A.D.2d 883 (Maynard v. Wigdzinski) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.