Mazzuka v. Long Island Rail Road

Appellate Division of the Supreme Court of New York

Mazzuka v. Long Island Rail Road

73 A.D.2d 959, 424 N.Y.S.2d 30, 1980 N.Y. App. Div. LEXIS 9891

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

DecidedJanuary 28, 1980

StatusPublished

This text of 73 A.D.2d 959 (Mazzuka v. Long Island Rail Road) 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

Mazzuka v. Long Island Rail Road, 73 A.D.2d 959, 424 N.Y.S.2d 30, 1980 N.Y. App. Div. LEXIS 9891 (N.Y. Ct. App. 1980).

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Opinion

— In a wrongful death action, plaintiff appeals from a judgment of the Supreme Court, Nassau County, entered December 8, 1976 in favor of the defendants, upon the trial court’s dismissal of the complaint at the close of the plaintiff’s case, upon a jury trial. Judgment affirmed, without costs or disbursements. Although a plaintiff in a wrongful death action is entitled to the benefit of every favorable inference which can reasonably be drawn from the evidence (Swensson v New York, Albany Desp. Co., 309 NY 497), not every case raises a factual issue which must be submitted to the jury (Scurti v City of New York, 40 NY2d 433). Affording the instant plaintiff the benefit of every favorable and reasonable inference, there is no proof that the defendants were negligent. Furthermore, the facts clearly demonstrate that the decedent was contributorily negligent. Mangano, J. P., Rabin, Gulotta and Margett, JJ., concur.

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— In a wrongful death action, plaintiff appeals from a judgment of the Supreme Court, Nassau County, entered December 8, 1976 in favor of the defendants, upon the trial court’s dismissal of the complaint at the close of the plaintiff’s case, upon a jury trial. Judgment affirmed, without costs or disbursements. Although a plaintiff in a wrongful death action is entitled to the benefit of every favorable inference which can reasonably be drawn from the evidence (Swensson v New York, Albany Desp. Co., 309 NY 497), not every case raises a factual issue which must be submitted to the jury (Scurti v City of New York, 40 NY2d 433). Affording the instant plaintiff the benefit of every favorable and reasonable inference, there is no proof that the defendants were negligent. Furthermore, the facts clearly demonstrate that the decedent was contributorily negligent. Mangano, J. P., Rabin, Gulotta and Margett, JJ., concur.

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Bluebook (online)

73 A.D.2d 959, 424 N.Y.S.2d 30, 1980 N.Y. App. Div. LEXIS 9891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mazzuka-v-long-island-rail-road-nyappdiv-1980.

Opinion

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