Smith v. Moskowitz

Appellate Division of the Supreme Court of New York

Smith v. Moskowitz

267 A.D. 422, 46 N.Y.S.2d 449, 1944 N.Y. App. Div. LEXIS 4742

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

DecidedFebruary 25, 1944

StatusPublished

Cited by3 cases

This text of 267 A.D. 422 (Smith v. Moskowitz) 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

Smith v. Moskowitz, 267 A.D. 422, 46 N.Y.S.2d 449, 1944 N.Y. App. Div. LEXIS 4742 (N.Y. Ct. App. 1944).

Pincite

Opinion

Per Curiam.

The doctrine of “ the last clear chance ” does not apply to the facts to which the plaintiffs testified (Woloszynowski v. N. Y. C. R. R. Co., 254 N. Y. 206) and it was, therefore, error to submit that question to the jury.

The judgment should be reversed and a new trial ordered, with costs to the appellant to abide the event.

Martin, P. J., Townley, Glennon, TJntermyeb and Does, JJ., concur.

Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event.

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