Rafalowitz v. State

Appellate Division of the Supreme Court of New York

Rafalowitz v. State

26 A.D.2d 722, 272 N.Y.S.2d 750, 1966 N.Y. App. Div. LEXIS 3619

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

DecidedJuly 7, 1966

DocketClaim No. 40391

StatusPublished

This text of 26 A.D.2d 722 (Rafalowitz v. State) 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

Rafalowitz v. State, 26 A.D.2d 722, 272 N.Y.S.2d 750, 1966 N.Y. App. Div. LEXIS 3619 (N.Y. Ct. App. 1966).

Pincite

Opinion

Aulisi, J.

J. Appeal by' claimant from a decision of the Court of Claims dismissing his claim for personal injuries. In our view the evidence was not entirely satisfactory and the case should be retried; and the questions of proximate cause, the State’s liability, notice of the alleged unsafe condition of the highway, and the alleged contributory [723]*723negligence of the claimant be reassessed and redetermined. Judgment reversed, on the law and the facts and in the interests of justice, and a new trial ordered; without costs. Gibson, P. J., Reynolds, Taylor and Staley, Jr., JJ., concur.

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Aulisi, J.

J. Appeal by' claimant from a decision of the Court of Claims dismissing his claim for personal injuries. In our view the evidence was not entirely satisfactory and the case should be retried; and the questions of proximate cause, the State’s liability, notice of the alleged unsafe condition of the highway, and the alleged contributory [723]*723negligence of the claimant be reassessed and redetermined. Judgment reversed, on the law and the facts and in the interests of justice, and a new trial ordered; without costs. Gibson, P. J., Reynolds, Taylor and Staley, Jr., JJ., concur.

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Bluebook (online)

26 A.D.2d 722, 272 N.Y.S.2d 750, 1966 N.Y. App. Div. LEXIS 3619, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rafalowitz-v-state-nyappdiv-1966.