Noonan v. Henry Sonn & Co.

New York Court of Appeals

Noonan v. Henry Sonn & Co.

198 N.E. 31, 268 N.Y. 462, 1935 N.Y. LEXIS 960

DecidedOctober 15, 1935

StatusPublished

This text of 198 N.E. 31 (Noonan v. Henry Sonn & Co.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Noonan v. Henry Sonn & Co., 198 N.E. 31, 268 N.Y. 462, 1935 N.Y. LEXIS 960 (N.Y. 1935).

Pincite

Opinion

*464 Per Curiam.

We think the issues were for the jury. Without the testimony of the night elevator man, the question of defendant’s negligence was one of fact. In view of the short lapse of time between the moment when the elevator man says he left after putting out the elevatoi light and closing the doors, and the moment when plaintiff found an entirely different condition, his credibility was a question of fact.

The judgment of the Appellate Division and that of the Trial Term should be reversed and a new trial granted, with costs to abide the event.

Crane, Ch. J., O’Brien, Hubbs, Crouch, Loughran and Finch, JJ., concur; Lehman, J., not sitting.

Judgments reversed, etc.

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*464 Per Curiam.

We think the issues were for the jury. Without the testimony of the night elevator man, the question of defendant’s negligence was one of fact. In view of the short lapse of time between the moment when the elevator man says he left after putting out the elevatoi light and closing the doors, and the moment when plaintiff found an entirely different condition, his credibility was a question of fact.

The judgment of the Appellate Division and that of the Trial Term should be reversed and a new trial granted, with costs to abide the event.

Crane, Ch. J., O’Brien, Hubbs, Crouch, Loughran and Finch, JJ., concur; Lehman, J., not sitting.

Judgments reversed, etc.

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Bluebook (online)

198 N.E. 31, 268 N.Y. 462, 1935 N.Y. LEXIS 960, Counsel Stack Legal Research, https://law.counselstack.com/opinion/noonan-v-henry-sonn-co-ny-1935.