Philips v. Wendel Foundation

Appellate Division of the Supreme Court of New York

Philips v. Wendel Foundation

268 A.D. 798, 49 N.Y.S.2d 165, 1944 N.Y. App. Div. LEXIS 3531

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

DecidedJune 26, 1944

StatusPublished

This text of 268 A.D. 798 (Philips v. Wendel Foundation) 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

Philips v. Wendel Foundation, 268 A.D. 798, 49 N.Y.S.2d 165, 1944 N.Y. App. Div. LEXIS 3531 (N.Y. Ct. App. 1944).

Pincite

Opinion

In an action to recover damages for personal injuries, based upon a claim that when the plaintiff wife ascended a stoop leading to defendant’s premises the edge of a concrete step crumbled and broke under her foot, causing her to fall. Upon a previous appeal the judgment was reversed and a new trial granted upon the ground that the verdict was against the weight of the evidence. (263 App. Div. 849.) The jury has, upon additional proof, again returned verdicts in favor of the plaintiffs. Judgment unanimously affirmed, with- costs. No opinion. Close, P. J., Carswell and Aldrich, JJ., concur; Hagarty and Adel, JJ., concur on the authority of the prior decision of this court (Philips v. Wendel Foundation, 263 App. Div. 849), adhering, however, to the views expressed in their dissenting memorandum therein.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action to recover damages for personal injuries, based upon a claim that when the plaintiff wife ascended a stoop leading to defendant’s premises the edge of a concrete step crumbled and broke under her foot, causing her to fall. Upon a previous appeal the judgment was reversed and a new trial granted upon the ground that the verdict was against the weight of the evidence. (263 App. Div. 849.) The jury has, upon additional proof, again returned verdicts in favor of the plaintiffs. Judgment unanimously affirmed, with- costs. No opinion. Close, P. J., Carswell and Aldrich, JJ., concur; Hagarty and Adel, JJ., concur on the authority of the prior decision of this court (Philips v. Wendel Foundation, 263 App. Div. 849), adhering, however, to the views expressed in their dissenting memorandum therein.

Cite This Page — Counsel Stack

Bluebook (online)

268 A.D. 798, 49 N.Y.S.2d 165, 1944 N.Y. App. Div. LEXIS 3531, Counsel Stack Legal Research, https://law.counselstack.com/opinion/philips-v-wendel-foundation-nyappdiv-1944.

Opinion

Related

Cite This Page — Counsel Stack