Nadalin v. Chase

Appellate Division of the Supreme Court of New York

Nadalin v. Chase

20 A.D.2d 611, 246 N.Y.S.2d 198, 1963 N.Y. App. Div. LEXIS 2602

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

DecidedDecember 27, 1963

StatusPublished

This text of 20 A.D.2d 611 (Nadalin v. Chase) 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

Nadalin v. Chase, 20 A.D.2d 611, 246 N.Y.S.2d 198, 1963 N.Y. App. Div. LEXIS 2602 (N.Y. Ct. App. 1963).

Pincite

Opinion

Judgment reversed, on the law and on the facts, and a new trial directed, with costs to abide the event: The defendant owed the plaintiff the same measure of care as would be owed to a business invitee upon the premises. The issues of negligence and contributory negligence should have been submitted to the jury. Gibson, Herlihy and Taylor, JJ., concur; Bergan, P. J., and Reynolds, J., dissent and vote to affirm. In our opinion the defendant created no dangerous condition and no negligence has been proven. The record disclosed no actionable negligence of the defendant to which plaintiff’s injury may be attributed.

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Judgment reversed, on the law and on the facts, and a new trial directed, with costs to abide the event: The defendant owed the plaintiff the same measure of care as would be owed to a business invitee upon the premises. The issues of negligence and contributory negligence should have been submitted to the jury. Gibson, Herlihy and Taylor, JJ., concur; Bergan, P. J., and Reynolds, J., dissent and vote to affirm. In our opinion the defendant created no dangerous condition and no negligence has been proven. The record disclosed no actionable negligence of the defendant to which plaintiff’s injury may be attributed.

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Bluebook (online)

20 A.D.2d 611, 246 N.Y.S.2d 198, 1963 N.Y. App. Div. LEXIS 2602, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nadalin-v-chase-nyappdiv-1963.