Pelsoni v. City of Niagara Falls

Appellate Division of the Supreme Court of New York

Pelsoni v. City of Niagara Falls

5 A.D.2d 951, 172 N.Y.S.2d 563, 1958 N.Y. App. Div. LEXIS 6755

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

DecidedMarch 5, 1958

StatusPublished

This text of 5 A.D.2d 951 (Pelsoni v. City of Niagara Falls) 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

Pelsoni v. City of Niagara Falls, 5 A.D.2d 951, 172 N.Y.S.2d 563, 1958 N.Y. App. Div. LEXIS 6755 (N.Y. Ct. App. 1958).

Pincite

Opinion

Judgment reversed on the law and facts and a new trial granted, with costs to the appellants to abide the event. Memorandum: Defendant’s motion to dismiss the complaint made at the end of plaintiffs’ case was granted upon the sole ground that there was insufficient and inadequate proof of damages. We find in this record evidence as to the cost of repairing the injury to the premises as well as proof of other alleged damages that made out a prima facie case. (See 1 Clark, New York Law of Damages, §§ 474, 477.) All concur. (Appeal from a judgment of Wayne Trial Term, dismissing the complaint in an action for property damage to realty as the result of negligence in the maintenance of a gas station and nuisance.)

Present — Kimball, J. P., Wiliams, Bastow, Goldman and Halpern, JJ.

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Judgment reversed on the law and facts and a new trial granted, with costs to the appellants to abide the event. Memorandum: Defendant’s motion to dismiss the complaint made at the end of plaintiffs’ case was granted upon the sole ground that there was insufficient and inadequate proof of damages. We find in this record evidence as to the cost of repairing the injury to the premises as well as proof of other alleged damages that made out a prima facie case. (See 1 Clark, New York Law of Damages, §§ 474, 477.) All concur. (Appeal from a judgment of Wayne Trial Term, dismissing the complaint in an action for property damage to realty as the result of negligence in the maintenance of a gas station and nuisance.)

Present — Kimball, J. P., Wiliams, Bastow, Goldman and Halpern, JJ.

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Bluebook (online)

5 A.D.2d 951, 172 N.Y.S.2d 563, 1958 N.Y. App. Div. LEXIS 6755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pelsoni-v-city-of-niagara-falls-nyappdiv-1958.