Meyers v. Grand Union Co.

Appellate Division of the Supreme Court of New York

Meyers v. Grand Union Co.

30 A.D.2d 704, 291 N.Y.S.2d 888, 1968 N.Y. App. Div. LEXIS 3661

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

DecidedJune 24, 1968

StatusPublished

Cited by1 cases

This text of 30 A.D.2d 704 (Meyers v. Grand Union Co.) 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

Meyers v. Grand Union Co., 30 A.D.2d 704, 291 N.Y.S.2d 888, 1968 N.Y. App. Div. LEXIS 3661 (N.Y. Ct. App. 1968).

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Opinion

Appeal from a judgment of the Supreme Court, Dutchess County, dated November 17, 1966, entered upon a jury verdict, reversed, on the law and the facts, with costs, and complaint dismissed. The doctrine of res ipsa loquitur was not relied on at the trial and cannot be relied on for the first time on appeal. In any event the doctrine is not applicable under the circumstances of this case. Further, there was no proof of a dangerous condition or notice of such condition to appellant (Cameron v. Bohack Co., 27 A D 2d 362). Rabin, Acting P. J., Hopkins, Benjamin, Munder and Martuscello, JJ., concur.

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Appeal from a judgment of the Supreme Court, Dutchess County, dated November 17, 1966, entered upon a jury verdict, reversed, on the law and the facts, with costs, and complaint dismissed. The doctrine of res ipsa loquitur was not relied on at the trial and cannot be relied on for the first time on appeal. In any event the doctrine is not applicable under the circumstances of this case. Further, there was no proof of a dangerous condition or notice of such condition to appellant (Cameron v. Bohack Co., 27 A D 2d 362). Rabin, Acting P. J., Hopkins, Benjamin, Munder and Martuscello, JJ., concur.

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Bluebook (online)

30 A.D.2d 704, 291 N.Y.S.2d 888, 1968 N.Y. App. Div. LEXIS 3661, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meyers-v-grand-union-co-nyappdiv-1968.

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