McEvoy v. City of New York

Appellate Division of the Supreme Court of New York

McEvoy v. City of New York

26 A.D.2d 689, 272 N.Y.S.2d 1012, 1966 N.Y. App. Div. LEXIS 3612

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

DecidedJuly 7, 1966

StatusPublished

This text of 26 A.D.2d 689 (McEvoy v. City of New York) 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

McEvoy v. City of New York, 26 A.D.2d 689, 272 N.Y.S.2d 1012, 1966 N.Y. App. Div. LEXIS 3612 (N.Y. Ct. App. 1966).

Pincite

Opinion

In a negligence action to recover damages for personal injury, plaintiff appeals from a judgment of the Supreme Court, Queens County, entered June 16, [690]*6901965 after a jury trial on the issue of liability, in the defendant’s favor upon the court’s dismissal of the complaint at the close of plaintiff’s case. Judgment affirmed, without costs. No opinion. Beldock, P. J., Ughetta and Hill, JJ., concur; Brennan and Hopkins, JJ., dissent and vote to reverse the judgment and to grant a new trial, with the following memorandum: It is our opinion that, giving plaintiff the benefit of every reasonable inference, as we must, the issues of contributory negligence and of negligence were for the jury and that it was error to dismiss the complaint (cf. Lubelfeld v. City of New York, 4 N Y 2d 455, 460; Wilkes v. City of New York, 308 N. Y. 726; Brown v. Simab Corp., 20 A D 2d 121, 124).

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In a negligence action to recover damages for personal injury, plaintiff appeals from a judgment of the Supreme Court, Queens County, entered June 16, [690]*6901965 after a jury trial on the issue of liability, in the defendant’s favor upon the court’s dismissal of the complaint at the close of plaintiff’s case. Judgment affirmed, without costs. No opinion. Beldock, P. J., Ughetta and Hill, JJ., concur; Brennan and Hopkins, JJ., dissent and vote to reverse the judgment and to grant a new trial, with the following memorandum: It is our opinion that, giving plaintiff the benefit of every reasonable inference, as we must, the issues of contributory negligence and of negligence were for the jury and that it was error to dismiss the complaint (cf. Lubelfeld v. City of New York, 4 N Y 2d 455, 460; Wilkes v. City of New York, 308 N. Y. 726; Brown v. Simab Corp., 20 A D 2d 121, 124).

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Bluebook (online)

26 A.D.2d 689, 272 N.Y.S.2d 1012, 1966 N.Y. App. Div. LEXIS 3612, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcevoy-v-city-of-new-york-nyappdiv-1966.

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