Nixon v. Genung's Inc.

Appellate Division of the Supreme Court of New York

Nixon v. Genung's Inc.

275 A.D.2d 1049

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

DecidedOctober 10, 1949

StatusPublished

This text of 275 A.D.2d 1049 (Nixon v. Genung's 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

Nixon v. Genung's Inc., 275 A.D.2d 1049 (N.Y. Ct. App. 1949).

Pincite

Opinion

Plaintiffs failed to establish the manner in which the accident occurred or that it was due to negligence on the part of the defendants, and the verdict was consequently against the weight of the credible evidence. As the record indicates, however, that plaintiffs may be able to clarify their testimony and supply the deficienees in their proof, a new trial is granted. We find no error in the trial court’s rulings upon the question of ultimate liability as between the defendants. Nolan, P. J., Carswell, Adel, Sneed and Wenzel, JJ., concur.

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Plaintiffs failed to establish the manner in which the accident occurred or that it was due to negligence on the part of the defendants, and the verdict was consequently against the weight of the credible evidence. As the record indicates, however, that plaintiffs may be able to clarify their testimony and supply the deficienees in their proof, a new trial is granted. We find no error in the trial court’s rulings upon the question of ultimate liability as between the defendants. Nolan, P. J., Carswell, Adel, Sneed and Wenzel, JJ., concur.

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Bluebook (online)

275 A.D.2d 1049, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nixon-v-genungs-inc-nyappdiv-1949.