Romano v. Lazare & Kaplan, Inc.

Appellate Division of the Supreme Court of New York

Romano v. Lazare & Kaplan, Inc.

260 A.D. 941, 23 N.Y.S.2d 213, 1940 N.Y. App. Div. LEXIS 5554

Appellate Division of the Supreme Court of the State of New York·Decided November 12, 1940·Published

Opinion

In an action brought by the plaintiff to recover damages for injuries sustained by him as a result of the negligence of the defendant’s employee in dropping a piece of iron or steel upon the plaintiff, judgment dismissing the complaint entered on the motion of the defendant at the close of the case, reversed on the law and a new trial granted, with costs to abide the event. The evidence presented a question of fact for the jury and it was error to dismiss the complaint. Lazansky, P. J., Johnston, Adel, Taylor and Close, JJ., concur.

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In an action brought by the plaintiff to recover damages for injuries sustained by him as a result of the negligence of the defendant’s employee in dropping a piece of iron or steel upon the plaintiff, judgment dismissing the complaint entered on the motion of the defendant at the close of the case, reversed on the law and a new trial granted, with costs to abide the event. The evidence presented a question of fact for the jury and it was error to dismiss the complaint. Lazansky, P. J., Johnston, Adel, Taylor and Close, JJ., concur.

Romano v. Lazare & Kaplan, Inc., 260 A.D. 941, 23 N.Y.S.2d 213, 1940 N.Y. App. Div. LEXIS 5554 (N.Y. Ct. App. 1940).

Pincite

260 A.D. 941 (Romano v. Lazare & Kaplan, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.