Page v. City of New York

Appellate Division of the Supreme Court of New York

Page v. City of New York

79 A.D.2d 573, 434 N.Y.S.2d 23, 1980 N.Y. App. Div. LEXIS 13896

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

DecidedDecember 18, 1980

StatusPublished

Cited by5 cases

This text of 79 A.D.2d 573 (Page 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

Page v. City of New York, 79 A.D.2d 573, 434 N.Y.S.2d 23, 1980 N.Y. App. Div. LEXIS 13896 (N.Y. Ct. App. 1980).

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Opinion

Judgment, Supreme Court, New York County, entered September 18, 1979, dismissing the complaint during a jury trial in an action for personal injuries, reversed on the law, and a new trial granted, without costs. The plaintiff lost the tip of her finger when a door was slammed on her by an assistant commissioner of the New York City Agency for Child Development. The plaintiff was inquiring at the commissioner’s door as to why she and others were being kept waiting for a scheduled meeting. She had her hand in the door when it was closed. The Trial Judge was of the opinion that the plaintiff was contributorily negligent regardless of whether the defendant was negligent. However, he precipitately dismissed the complaint before the close of the plaintiff’s case. “Orderly procedure required that plaintiff be permitted to complete his [her] case.” (Budner v Giunta, 16 AD2d 780, 781.) Concur—Kupferman, J. P., Ross, Markewich, Bloom and Carro, JJ.

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Judgment, Supreme Court, New York County, entered September 18, 1979, dismissing the complaint during a jury trial in an action for personal injuries, reversed on the law, and a new trial granted, without costs. The plaintiff lost the tip of her finger when a door was slammed on her by an assistant commissioner of the New York City Agency for Child Development. The plaintiff was inquiring at the commissioner’s door as to why she and others were being kept waiting for a scheduled meeting. She had her hand in the door when it was closed. The Trial Judge was of the opinion that the plaintiff was contributorily negligent regardless of whether the defendant was negligent. However, he precipitately dismissed the complaint before the close of the plaintiff’s case. “Orderly procedure required that plaintiff be permitted to complete his [her] case.” (Budner v Giunta, 16 AD2d 780, 781.) Concur—Kupferman, J. P., Ross, Markewich, Bloom and Carro, JJ.

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Bluebook (online)

79 A.D.2d 573, 434 N.Y.S.2d 23, 1980 N.Y. App. Div. LEXIS 13896, Counsel Stack Legal Research, https://law.counselstack.com/opinion/page-v-city-of-new-york-nyappdiv-1980.

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