Palmieri v. Williams

Appellate Division of the Supreme Court of New York

Palmieri v. Williams

42 A.D.2d 963, 347 N.Y.S.2d 947, 1973 N.Y. App. Div. LEXIS 3496

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

DecidedOctober 1, 1973

StatusPublished

This text of 42 A.D.2d 963 (Palmieri v. Williams) 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

Palmieri v. Williams, 42 A.D.2d 963, 347 N.Y.S.2d 947, 1973 N.Y. App. Div. LEXIS 3496 (N.Y. Ct. App. 1973).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, plaintiff appeals, as limited by his brief, from (1) a judgment of the Supreme Court, Kings County, entered April 10, 1973 in favor of defendant, upon the trial court’s dismissal of the complaint at the close of the evidence upon a jury trial, and (2) from so much of an order of the same court, dated April 26, 1973, as, on reargument, adhered to the original decision. Judgment affirmed and order affirmed insofar as appealed from, with one bill of costs to respondent. No opinion. Munder, Acting P. J., Shapiro and Christ, JJ., concur; Martuscello and Brennan, JJ., dissent and vote for reversal and to grant a new trial, with the following memorandum: In our opinion, it was error for the Trial Justice to dismiss the complaint cn the ground that plaintiff was guilty of contributory [964]*964negligence as a matter of law. That issue, under the facts and circumstances of this case, should have been submitted to the jury.

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In a negligence action to recover damages for personal injuries, plaintiff appeals, as limited by his brief, from (1) a judgment of the Supreme Court, Kings County, entered April 10, 1973 in favor of defendant, upon the trial court’s dismissal of the complaint at the close of the evidence upon a jury trial, and (2) from so much of an order of the same court, dated April 26, 1973, as, on reargument, adhered to the original decision. Judgment affirmed and order affirmed insofar as appealed from, with one bill of costs to respondent. No opinion. Munder, Acting P. J., Shapiro and Christ, JJ., concur; Martuscello and Brennan, JJ., dissent and vote for reversal and to grant a new trial, with the following memorandum: In our opinion, it was error for the Trial Justice to dismiss the complaint cn the ground that plaintiff was guilty of contributory [964]*964negligence as a matter of law. That issue, under the facts and circumstances of this case, should have been submitted to the jury.

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Bluebook (online)

42 A.D.2d 963, 347 N.Y.S.2d 947, 1973 N.Y. App. Div. LEXIS 3496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palmieri-v-williams-nyappdiv-1973.