McCarron v. Rock-Time, Inc.

Appellate Division of the Supreme Court of New York

McCarron v. Rock-Time, Inc.

43 A.D.2d 955, 352 N.Y.S.2d 153, 1974 N.Y. App. Div. LEXIS 5773

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

DecidedFebruary 11, 1974

StatusPublished

This text of 43 A.D.2d 955 (McCarron v. Rock-Time, Inc.) 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

McCarron v. Rock-Time, Inc., 43 A.D.2d 955, 352 N.Y.S.2d 153, 1974 N.Y. App. Div. LEXIS 5773 (N.Y. Ct. App. 1974).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, etc., defendant Curtiss-Wright Corporation appeals from (1) an interlocutory judgment of the Supreme Court, Queens County (the date thereof undisclosed in the record), against it and in favor of plaintiffs on the issue of liability, upon a jury verdict, and (2) a final judgment of the same court, entered February 27, 1973, against it and in favor of plaintiff Agnes McCarron, upon a jury verdict of $16,500 in the latter’s favor after separate trial on the issue of damages. Judgments reversed, on the law, and new trial granted as between plaintiff Agnes McCarron and defendant Curtiss-Wright Corporation, without costs. The questions of fact were not considered on this appeal. In our opinion, there was clear error in the trial court’s refusal on the liability trial to allow appellant to read into evidence the deposition given by plaintiff Agnes McCarron in her examination before trial. Hopkins, Acting P. J., Shapiro, Christ, Brennan and Benjamin, JJ., concur.

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In a negligence action to recover damages for personal injuries, etc., defendant Curtiss-Wright Corporation appeals from (1) an interlocutory judgment of the Supreme Court, Queens County (the date thereof undisclosed in the record), against it and in favor of plaintiffs on the issue of liability, upon a jury verdict, and (2) a final judgment of the same court, entered February 27, 1973, against it and in favor of plaintiff Agnes McCarron, upon a jury verdict of $16,500 in the latter’s favor after separate trial on the issue of damages. Judgments reversed, on the law, and new trial granted as between plaintiff Agnes McCarron and defendant Curtiss-Wright Corporation, without costs. The questions of fact were not considered on this appeal. In our opinion, there was clear error in the trial court’s refusal on the liability trial to allow appellant to read into evidence the deposition given by plaintiff Agnes McCarron in her examination before trial. Hopkins, Acting P. J., Shapiro, Christ, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

43 A.D.2d 955, 352 N.Y.S.2d 153, 1974 N.Y. App. Div. LEXIS 5773, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccarron-v-rock-time-inc-nyappdiv-1974.