Scampoli v. City of Mount Vernon

Appellate Division of the Supreme Court of New York

Scampoli v. City of Mount Vernon

24 A.D.2d 503, 261 N.Y.S.2d 847, 1965 N.Y. App. Div. LEXIS 3903

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

DecidedJune 21, 1965

StatusPublished

This text of 24 A.D.2d 503 (Scampoli v. City of Mount Vernon) 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

Scampoli v. City of Mount Vernon, 24 A.D.2d 503, 261 N.Y.S.2d 847, 1965 N.Y. App. Div. LEXIS 3903 (N.Y. Ct. App. 1965).

Pincite

Opinion

In a negligence action to recover damages for personal injury, loss of services and medical expenses, plaintiffs appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Westchester County, entered August 1, 1963 after a nonjury trial, upon the court’s opinion-decision, as dismissed the complaint against the defendant Board of Education of the City of Mount Vernon and the defendant Edward Logie. Judgment, insofar as appealed from, affirmed, without costs. In our opinion, the trial court’s determination of the factual issues was not against the weight of the evidence (cf. Maltz v. Board of Educ., 32 Misc 2d 492, affd. 282 App. Div. 888). We are also of the opinion that, on the record presented, any error in excluding evidence of custom did not prejudice defendants’ substantial rights and may be disregarded (CPLR 2002). Beldock, P. J., Brennan, Hill, Rabin and Benjamin, JJ., concur.

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In a negligence action to recover damages for personal injury, loss of services and medical expenses, plaintiffs appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Westchester County, entered August 1, 1963 after a nonjury trial, upon the court’s opinion-decision, as dismissed the complaint against the defendant Board of Education of the City of Mount Vernon and the defendant Edward Logie. Judgment, insofar as appealed from, affirmed, without costs. In our opinion, the trial court’s determination of the factual issues was not against the weight of the evidence (cf. Maltz v. Board of Educ., 32 Misc 2d 492, affd. 282 App. Div. 888). We are also of the opinion that, on the record presented, any error in excluding evidence of custom did not prejudice defendants’ substantial rights and may be disregarded (CPLR 2002). Beldock, P. J., Brennan, Hill, Rabin and Benjamin, JJ., concur.

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Bluebook (online)

24 A.D.2d 503, 261 N.Y.S.2d 847, 1965 N.Y. App. Div. LEXIS 3903, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scampoli-v-city-of-mount-vernon-nyappdiv-1965.

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