Moody v. Busy Corner Retail Meat Store, Inc.

Appellate Division of the Supreme Court of New York

Moody v. Busy Corner Retail Meat Store, Inc.

54 A.D.2d 583, 387 N.Y.S.2d 154, 1976 N.Y. App. Div. LEXIS 13940

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

DecidedSeptember 27, 1976

StatusPublished

This text of 54 A.D.2d 583 (Moody v. Busy Corner Retail Meat Store, 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

Moody v. Busy Corner Retail Meat Store, Inc., 54 A.D.2d 583, 387 N.Y.S.2d 154, 1976 N.Y. App. Div. LEXIS 13940 (N.Y. Ct. App. 1976).

Pincite

Opinion

In an action to recover damages for personal injuries allegedly sustained as the result of the negligent supervision of an employee, defendant Busy Corner Retail Meat Store, Inc., appeals from an order of the Supreme Court, Kings County, dated March 22, 1976, which, in granting plaintiffs’ motion pursuant to CPLR 4404, (1) set aside a prior determination which granted appellant’s motion for a directed verdict at the close of the evidence at a jury trial and (2) ordered that the action be set down for a jury trial. Order affirmed, with costs to abide the event. A gun is a dangerous instrument, which, if handled carelessly, is likely to injure people. In this case the store manager knew, for several hours before the incident occurred, that one of the butchers in the store had a gun, without a holster, in his belt or pocket, yet did nothing about it. This lack of affirmative action may constitute actionable negligence on the part of the defendant. Hopkins, Acting P. J., Cohalan, Damiani, Shapiro and Titone, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action to recover damages for personal injuries allegedly sustained as the result of the negligent supervision of an employee, defendant Busy Corner Retail Meat Store, Inc., appeals from an order of the Supreme Court, Kings County, dated March 22, 1976, which, in granting plaintiffs’ motion pursuant to CPLR 4404, (1) set aside a prior determination which granted appellant’s motion for a directed verdict at the close of the evidence at a jury trial and (2) ordered that the action be set down for a jury trial. Order affirmed, with costs to abide the event. A gun is a dangerous instrument, which, if handled carelessly, is likely to injure people. In this case the store manager knew, for several hours before the incident occurred, that one of the butchers in the store had a gun, without a holster, in his belt or pocket, yet did nothing about it. This lack of affirmative action may constitute actionable negligence on the part of the defendant. Hopkins, Acting P. J., Cohalan, Damiani, Shapiro and Titone, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

54 A.D.2d 583, 387 N.Y.S.2d 154, 1976 N.Y. App. Div. LEXIS 13940, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moody-v-busy-corner-retail-meat-store-inc-nyappdiv-1976.