Nevarez v. City of New York

Appellate Division of the Supreme Court of New York

Nevarez v. City of New York

23 A.D.2d 539, 255 N.Y.S.2d 815, 1965 N.Y. App. Div. LEXIS 4951

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

DecidedFebruary 2, 1965

StatusPublished

This text of 23 A.D.2d 539 (Nevarez v. City of New York) 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

Nevarez v. City of New York, 23 A.D.2d 539, 255 N.Y.S.2d 815, 1965 N.Y. App. Div. LEXIS 4951 (N.Y. Ct. App. 1965).

Pincite

Opinion

Order, entered on December 10, 1963, denying summary judgment unanimously affirmed, without costs and without disbursements. In so affirming we do not approve the statement in Special Term’s opinion that the facts alleged show no actionable negligence. Striking the overhead wire may or may not have been the consequence of a lack of due care, [540]*540depending on what is established at the trial. Concur — Botein, P. J., Breitel, Eager, Steuer and Staley, JJ.

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Order, entered on December 10, 1963, denying summary judgment unanimously affirmed, without costs and without disbursements. In so affirming we do not approve the statement in Special Term’s opinion that the facts alleged show no actionable negligence. Striking the overhead wire may or may not have been the consequence of a lack of due care, [540]*540depending on what is established at the trial. Concur — Botein, P. J., Breitel, Eager, Steuer and Staley, JJ.

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Bluebook (online)

23 A.D.2d 539, 255 N.Y.S.2d 815, 1965 N.Y. App. Div. LEXIS 4951, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nevarez-v-city-of-new-york-nyappdiv-1965.