Reale v. Pooton

Appellate Division of the Supreme Court of New York

Reale v. Pooton

11 A.D.2d 1028, 205 N.Y.S.2d 635, 1960 N.Y. App. Div. LEXIS 7947

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

DecidedOctober 3, 1960

StatusPublished

This text of 11 A.D.2d 1028 (Reale v. Pooton) 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

Reale v. Pooton, 11 A.D.2d 1028, 205 N.Y.S.2d 635, 1960 N.Y. App. Div. LEXIS 7947 (N.Y. Ct. App. 1960).

Pincite

Opinion

In an action to recover damages for personal injuries and loss of services, the defendant appeals from an order of the County Court, Westchester County, entered April 2-9, 1960, which granted plaintiffs’ motion for summary judgment and for an assessment of damages. It appears that the defendant fell upon plaintiff Kathryn Reale while the latter was seated at a table. Order reversed, with $10 costs and disbursements, and motion denied. Notwithstanding the fact that no affidavit by the defendant personally was submitted in opposition to the motion, the record presents issues for a trier of the facts to determine as to: (1) whether under all the circumstances defendant’s conduct constituted negligence, and (2) whether under all the circumstances there was contributory negligence on- the part of the injured person. Nolan, P. J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur.

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In an action to recover damages for personal injuries and loss of services, the defendant appeals from an order of the County Court, Westchester County, entered April 2-9, 1960, which granted plaintiffs’ motion for summary judgment and for an assessment of damages. It appears that the defendant fell upon plaintiff Kathryn Reale while the latter was seated at a table. Order reversed, with $10 costs and disbursements, and motion denied. Notwithstanding the fact that no affidavit by the defendant personally was submitted in opposition to the motion, the record presents issues for a trier of the facts to determine as to: (1) whether under all the circumstances defendant’s conduct constituted negligence, and (2) whether under all the circumstances there was contributory negligence on- the part of the injured person. Nolan, P. J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur.

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Bluebook (online)

11 A.D.2d 1028, 205 N.Y.S.2d 635, 1960 N.Y. App. Div. LEXIS 7947, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reale-v-pooton-nyappdiv-1960.