Neilson v. Amodeo

Appellate Division of the Supreme Court of New York

Neilson v. Amodeo

26 A.D.2d 840, 274 N.Y.S.2d 413, 1966 N.Y. App. Div. LEXIS 3175

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

DecidedOctober 31, 1966

StatusPublished

Cited by1 cases

This text of 26 A.D.2d 840 (Neilson v. Amodeo) 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

Neilson v. Amodeo, 26 A.D.2d 840, 274 N.Y.S.2d 413, 1966 N.Y. App. Div. LEXIS 3175 (N.Y. Ct. App. 1966).

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Opinion

In a negligence action to recover damages for personal injuries, defendants appeal from a judgment of the Supreme Court, Dutchess County, entered April 6, 1965, in plaintiff’s favor upon a jury verdict. Judgment reversed, on the law and the facts, without costs, and complaint dismissed, without costs. In our opinion, plaintiff, as a matter of law, failed to establish that defendants had actual or constructive notice of the alleged icy condition prior to the accident and had permitted that condition to exist for an unreasonable time (cf. Hoffman v. Bachrach, 20 A D 2d 790; Preuschoff v. Wank, 16 A D 2d 690, 691; see 5 Warren, Negligence, § 5.77, pp. 596-597). Beldock, P. J., Ughetta, Rabin, Hopkins and Benjamin, JJ., concur.

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In a negligence action to recover damages for personal injuries, defendants appeal from a judgment of the Supreme Court, Dutchess County, entered April 6, 1965, in plaintiff’s favor upon a jury verdict. Judgment reversed, on the law and the facts, without costs, and complaint dismissed, without costs. In our opinion, plaintiff, as a matter of law, failed to establish that defendants had actual or constructive notice of the alleged icy condition prior to the accident and had permitted that condition to exist for an unreasonable time (cf. Hoffman v. Bachrach, 20 A D 2d 790; Preuschoff v. Wank, 16 A D 2d 690, 691; see 5 Warren, Negligence, § 5.77, pp. 596-597). Beldock, P. J., Ughetta, Rabin, Hopkins and Benjamin, JJ., concur.

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Bluebook (online)

26 A.D.2d 840, 274 N.Y.S.2d 413, 1966 N.Y. App. Div. LEXIS 3175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/neilson-v-amodeo-nyappdiv-1966.

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