McKain v. Elevator Maintenance of Buffalo, Inc.

Appellate Division of the Supreme Court of New York

McKain v. Elevator Maintenance of Buffalo, Inc.

28 A.D.2d 817, 281 N.Y.S.2d 538, 1967 N.Y. App. Div. LEXIS 3693

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

DecidedJune 29, 1967

StatusPublished

This text of 28 A.D.2d 817 (McKain v. Elevator Maintenance of Buffalo, 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

McKain v. Elevator Maintenance of Buffalo, Inc., 28 A.D.2d 817, 281 N.Y.S.2d 538, 1967 N.Y. App. Div. LEXIS 3693 (N.Y. Ct. App. 1967).

Pincite

Opinion

Memorandum: Plaintiff, on the trial, was permitted over objection, to offer proof with reference to a fracture in the area of the plateau of the tibia involving the knee, and special damages relating thereto. The alleged injury was a serious one and represented a substantial part of plaintiff’s claim for damages. Such evidence was improperly received in the absence of any reference thereto in plaintiff’s bill of particulars. (Appeal from judgment of Erie Trial Term in a negligence action.) Present — Williams, P. J., Bastow, Goldman, Henry and Marsh, JJ.

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Memorandum: Plaintiff, on the trial, was permitted over objection, to offer proof with reference to a fracture in the area of the plateau of the tibia involving the knee, and special damages relating thereto. The alleged injury was a serious one and represented a substantial part of plaintiff’s claim for damages. Such evidence was improperly received in the absence of any reference thereto in plaintiff’s bill of particulars. (Appeal from judgment of Erie Trial Term in a negligence action.) Present — Williams, P. J., Bastow, Goldman, Henry and Marsh, JJ.

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Bluebook (online)

28 A.D.2d 817, 281 N.Y.S.2d 538, 1967 N.Y. App. Div. LEXIS 3693, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckain-v-elevator-maintenance-of-buffalo-inc-nyappdiv-1967.