Smithling v. Goldman

Appellate Division of the Supreme Court of New York

Smithling v. Goldman

283 A.D. 844, 128 N.Y.S.2d 586, 1954 N.Y. App. Div. LEXIS 5475

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

DecidedMarch 3, 1954

StatusPublished

This text of 283 A.D. 844 (Smithling v. Goldman) 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

Smithling v. Goldman, 283 A.D. 844, 128 N.Y.S.2d 586, 1954 N.Y. App. Div. LEXIS 5475 (N.Y. Ct. App. 1954).

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Opinion

Judgment insofar as appealed from affirmed, without costs of this appeal to either party. All concur, except McCurn, P. J., who dissents and votes for reversal and for granting a new trial on the ground that the verdict of the jury is against the weight of evidence, and, in any event, plaintiff was entitled to recover for one day’s lost wages. (Appeal from part of a judgment for defendant for no cause of action on plaintiff’s first cause of action for conscious pain and suffering by plaintiff’s intestate, in an automobile negligence action.) Present — McCurn, P. J., Vaughan, Kimball, Piper and Wheeler, JJ.

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Judgment insofar as appealed from affirmed, without costs of this appeal to either party. All concur, except McCurn, P. J., who dissents and votes for reversal and for granting a new trial on the ground that the verdict of the jury is against the weight of evidence, and, in any event, plaintiff was entitled to recover for one day’s lost wages. (Appeal from part of a judgment for defendant for no cause of action on plaintiff’s first cause of action for conscious pain and suffering by plaintiff’s intestate, in an automobile negligence action.) Present — McCurn, P. J., Vaughan, Kimball, Piper and Wheeler, JJ.

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Bluebook (online)

283 A.D. 844, 128 N.Y.S.2d 586, 1954 N.Y. App. Div. LEXIS 5475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smithling-v-goldman-nyappdiv-1954.