Stadium Realty Corp. v. Slattery Rock Corp.

New York Supreme Court

Stadium Realty Corp. v. Slattery Rock Corp.

17 Misc. 2d 618, 183 N.Y.S.2d 916, 1959 N.Y. Misc. LEXIS 4560

DecidedJanuary 8, 1959

StatusPublished

This text of 17 Misc. 2d 618 (Stadium Realty Corp. v. Slattery Rock Corp.) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stadium Realty Corp. v. Slattery Rock Corp., 17 Misc. 2d 618, 183 N.Y.S.2d 916, 1959 N.Y. Misc. LEXIS 4560 (N.Y. Super. Ct. 1959).

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Opinions

Per Curiam.

Plaintiff had the burden of proving by competent evidence not only the negligence of defendant, but a causal connection between the blasting and the damages.

Plaintiff’s witness, admittedly not an expert, was not qualified to negate the possibility of damage from ordinary wear or from causes other than the blasting.

The verdict with respect to causal relationship between the claimed negligence and the damages finding no support in the record may not be permitted to stand and the judgment must be reversed. Plaintiff, however, should have the opportunity of curing the defect at a new trial.

The judgment should be reversed and a new trial ordered, with $30 costs to appellant to abide the event.

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Per Curiam.

Plaintiff had the burden of proving by competent evidence not only the negligence of defendant, but a causal connection between the blasting and the damages.

Plaintiff’s witness, admittedly not an expert, was not qualified to negate the possibility of damage from ordinary wear or from causes other than the blasting.

The verdict with respect to causal relationship between the claimed negligence and the damages finding no support in the record may not be permitted to stand and the judgment must be reversed. Plaintiff, however, should have the opportunity of curing the defect at a new trial.

The judgment should be reversed and a new trial ordered, with $30 costs to appellant to abide the event.

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Bluebook (online)

17 Misc. 2d 618, 183 N.Y.S.2d 916, 1959 N.Y. Misc. LEXIS 4560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stadium-realty-corp-v-slattery-rock-corp-nysupct-1959.