Shelzi v. Paragon Oil Co.

Appellate Division of the Supreme Court of New York

Shelzi v. Paragon Oil Co.

74 A.D.2d 601, 424 N.Y.S.2d 875, 1980 N.Y. App. Div. LEXIS 10249

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

DecidedFebruary 11, 1980

StatusPublished

This text of 74 A.D.2d 601 (Shelzi v. Paragon Oil Co.) 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

Shelzi v. Paragon Oil Co., 74 A.D.2d 601, 424 N.Y.S.2d 875, 1980 N.Y. App. Div. LEXIS 10249 (N.Y. Ct. App. 1980).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Nassau County, entered November 27, 1978, which is in favor of defendant and against them, upon the trial court’s dismissal of the complaint at the close of the plaintiffs’ case, at a jury trial. Judgment reversed, on the law, and new trial granted, with costs to abide the event. The trial court erred in determining, as a matter of law, that the plaintiff husband was guilty of contributory negligence. There existed sufficient factual questions to warrant submitting the matter to a jury. Hopkins, J. P., Rabin, O’Connor and Weinstein, JJ., concur.

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In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Nassau County, entered November 27, 1978, which is in favor of defendant and against them, upon the trial court’s dismissal of the complaint at the close of the plaintiffs’ case, at a jury trial. Judgment reversed, on the law, and new trial granted, with costs to abide the event. The trial court erred in determining, as a matter of law, that the plaintiff husband was guilty of contributory negligence. There existed sufficient factual questions to warrant submitting the matter to a jury. Hopkins, J. P., Rabin, O’Connor and Weinstein, JJ., concur.

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Bluebook (online)

74 A.D.2d 601, 424 N.Y.S.2d 875, 1980 N.Y. App. Div. LEXIS 10249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shelzi-v-paragon-oil-co-nyappdiv-1980.