O'Brien v. Ovington Hall, Inc.

Appellate Division of the Supreme Court of New York

O'Brien v. Ovington Hall, Inc.

40 A.D.2d 874, 337 N.Y.S.2d 997, 1972 N.Y. App. Div. LEXIS 3310

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

DecidedNovember 27, 1972

StatusPublished

This text of 40 A.D.2d 874 (O'Brien v. Ovington Hall, 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

O'Brien v. Ovington Hall, Inc., 40 A.D.2d 874, 337 N.Y.S.2d 997, 1972 N.Y. App. Div. LEXIS 3310 (N.Y. Ct. App. 1972).

Pincite

Opinion

—In a negligence action to recover damages for personal injuries, defendant appeals from a judgment of the 'Supreme Court, Kings County, entered March 20, 1972, in favor of plaintiff, upon a jury verdict of $25,000. Judgment reversed, on the law and the facts, with costs, and complaint dismissed. In our opinion, plaintiff failed to present proof sufficient to justify the trial court’s presenting the ease to the jury for its decision. No competent proof as to the temperature of the steam pipe in question was presented by plaintiff and hence the judgment must be reversed and the complaint dismissed. Latham, Acting P. J., Shapiro, Gulotta, Christ and Brennan, JJ., concur.

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—In a negligence action to recover damages for personal injuries, defendant appeals from a judgment of the 'Supreme Court, Kings County, entered March 20, 1972, in favor of plaintiff, upon a jury verdict of $25,000. Judgment reversed, on the law and the facts, with costs, and complaint dismissed. In our opinion, plaintiff failed to present proof sufficient to justify the trial court’s presenting the ease to the jury for its decision. No competent proof as to the temperature of the steam pipe in question was presented by plaintiff and hence the judgment must be reversed and the complaint dismissed. Latham, Acting P. J., Shapiro, Gulotta, Christ and Brennan, JJ., concur.

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Bluebook (online)

40 A.D.2d 874, 337 N.Y.S.2d 997, 1972 N.Y. App. Div. LEXIS 3310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/obrien-v-ovington-hall-inc-nyappdiv-1972.