O'Connell v. Epco Products, Inc.

Appellate Division of the Supreme Court of New York

O'Connell v. Epco Products, Inc.

37 A.D.2d 842, 326 N.Y.S.2d 43, 1971 N.Y. App. Div. LEXIS 3379

Appellate Division of the Supreme Court of the State of New York·Decided October 4, 1971·Published·Cited by 1 cases

Opinion

— In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Orange County, entered December 2, 1970, in favor of defendant, upon the trial court’s dismissal of the complaint at the end of a jury trial. Judgment reversed and new trial granted, with costs to abide the event. The questions of fact have not been considered. The question whether there was a cautious alternative for plaintiff to take was one of fact. Munder, Acting P. J., Shapiro, Grulotta, Brennan and Benjamin, JJ., concur.

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— In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Orange County, entered December 2, 1970, in favor of defendant, upon the trial court’s dismissal of the complaint at the end of a jury trial. Judgment reversed and new trial granted, with costs to abide the event. The questions of fact have not been considered. The question whether there was a cautious alternative for plaintiff to take was one of fact. Munder, Acting P. J., Shapiro, Grulotta, Brennan and Benjamin, JJ., concur.

O'Connell v. Epco Products, Inc., 37 A.D.2d 842, 326 N.Y.S.2d 43, 1971 N.Y. App. Div. LEXIS 3379 (N.Y. Ct. App. 1971).

Pincite

37 A.D.2d 842 (O'Connell v. Epco Products, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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