Pedro v. Phillips

Appellate Division of the Supreme Court of New York

Pedro v. Phillips

52 A.D.2d 919, 384 N.Y.S.2d 990, 1976 N.Y. App. Div. LEXIS 12762

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

DecidedMay 17, 1976

StatusPublished

This text of 52 A.D.2d 919 (Pedro v. Phillips) 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

Pedro v. Phillips, 52 A.D.2d 919, 384 N.Y.S.2d 990, 1976 N.Y. App. Div. LEXIS 12762 (N.Y. Ct. App. 1976).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Queens County, entered May 12, 1975, upon a jury verdict after a trial on the issue of liability only, as is against them and in favor of defendant Edward Phillips. Judgment affirmed, insofar as appealed from, without costs or disbursements. Even if the trial court’s charge to the jury with respect to the violation of a statute by the infant plaintiff was improper (see PJI 2:49 and comment thereto), the other portions of the charge overcame any possible harm. A verdict for the plaintiffs herein would have been contrary to the weight of the evidence. Cohalan, Acting P. J., Margett, Damiani, Rabin and Shapiro, JJ., concur.

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In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Queens County, entered May 12, 1975, upon a jury verdict after a trial on the issue of liability only, as is against them and in favor of defendant Edward Phillips. Judgment affirmed, insofar as appealed from, without costs or disbursements. Even if the trial court’s charge to the jury with respect to the violation of a statute by the infant plaintiff was improper (see PJI 2:49 and comment thereto), the other portions of the charge overcame any possible harm. A verdict for the plaintiffs herein would have been contrary to the weight of the evidence. Cohalan, Acting P. J., Margett, Damiani, Rabin and Shapiro, JJ., concur.

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Bluebook (online)

52 A.D.2d 919, 384 N.Y.S.2d 990, 1976 N.Y. App. Div. LEXIS 12762, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pedro-v-phillips-nyappdiv-1976.