Nagengast v. Johnson

Appellate Division of the Supreme Court of New York

Nagengast v. Johnson

146 A.D.2d 757, 538 N.Y.S.2d 469, 1989 N.Y. App. Div. LEXIS 892

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

DecidedJanuary 30, 1989

StatusPublished

This text of 146 A.D.2d 757 (Nagengast v. Johnson) 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

Nagengast v. Johnson, 146 A.D.2d 757, 538 N.Y.S.2d 469, 1989 N.Y. App. Div. LEXIS 892 (N.Y. Ct. App. 1989).

Pincite

Opinion

— In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Orange County (Green, J.), entered August 12, 1987, which upon the granting of the motion by the defendant the Town of Wallkill to dismiss the amended complaint for failing to estabish a prima facie case at trial, dismissed the amended complaint against the defendant Town of Wallkill.

Ordered that the judgment is reversed, on the law, and a new trial is granted, with costs to abide the event.

There was sufficient evidence, with Commissioner Spratt’s testimony, to raise an issue of fact as to whether there was affirmative negligence on the part of the respondent to obviate the necessity of giving prior written notice. Mollen, P. J., Thompson, Rubin and Spatt, 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, the plaintiff appeals from a judgment of the Supreme Court, Orange County (Green, J.), entered August 12, 1987, which upon the granting of the motion by the defendant the Town of Wallkill to dismiss the amended complaint for failing to estabish a prima facie case at trial, dismissed the amended complaint against the defendant Town of Wallkill.

Ordered that the judgment is reversed, on the law, and a new trial is granted, with costs to abide the event.

There was sufficient evidence, with Commissioner Spratt’s testimony, to raise an issue of fact as to whether there was affirmative negligence on the part of the respondent to obviate the necessity of giving prior written notice. Mollen, P. J., Thompson, Rubin and Spatt, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

146 A.D.2d 757, 538 N.Y.S.2d 469, 1989 N.Y. App. Div. LEXIS 892, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nagengast-v-johnson-nyappdiv-1989.