Scantlebury v. Lehman

Appellate Division of the Supreme Court of New York

Scantlebury v. Lehman

280 A.D. 978, 117 N.Y.S.2d 493, 1952 N.Y. App. Div. LEXIS 4471

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

DecidedNovember 25, 1952

StatusPublished

Cited by2 cases

This text of 280 A.D. 978 (Scantlebury v. Lehman) 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

Scantlebury v. Lehman, 280 A.D. 978, 117 N.Y.S.2d 493, 1952 N.Y. App. Div. LEXIS 4471 (N.Y. Ct. App. 1952).

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Opinion

Judgment modified by affirming with respect to the first cause of action and by reversing and ordering a new trial with respect to the second cause of action, without costs to abide the event, unless the plaintiff stipulates to reduce the judgment entered on the second cause of action to $12,000 with [979]*979interests and costs, in which event the judgment, as so modified, is affirmed, without costs of this appeal. Present — Peck, P. J., Cohn, Callahan, Van Voorhis and Breitel, JJ.; Callahan and Breitel, JJ., dissent and vote to reverse and dismiss the complaint upon the ground that the evidence is insufficient to establish that the negligence of the defendants caused the injuries from which decedent died. Settle order on notice.

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Judgment modified by affirming with respect to the first cause of action and by reversing and ordering a new trial with respect to the second cause of action, without costs to abide the event, unless the plaintiff stipulates to reduce the judgment entered on the second cause of action to $12,000 with [979]*979interests and costs, in which event the judgment, as so modified, is affirmed, without costs of this appeal. Present — Peck, P. J., Cohn, Callahan, Van Voorhis and Breitel, JJ.; Callahan and Breitel, JJ., dissent and vote to reverse and dismiss the complaint upon the ground that the evidence is insufficient to establish that the negligence of the defendants caused the injuries from which decedent died. Settle order on notice.

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Bluebook (online)

280 A.D. 978, 117 N.Y.S.2d 493, 1952 N.Y. App. Div. LEXIS 4471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scantlebury-v-lehman-nyappdiv-1952.

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