Stair v. Hirsch

Appellate Division of the Supreme Court of New York

Stair v. Hirsch

24 A.D.2d 582, 262 N.Y.S.2d 428, 1965 N.Y. App. Div. LEXIS 3719

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

DecidedJuly 6, 1965

StatusPublished

This text of 24 A.D.2d 582 (Stair v. Hirsch) 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

Stair v. Hirsch, 24 A.D.2d 582, 262 N.Y.S.2d 428, 1965 N.Y. App. Div. LEXIS 3719 (N.Y. Ct. App. 1965).

Pincite

Opinion

In an action to recover damages for decedent’s conscious pain and suffering (first cause of action) and for his wrongful death (second cause of action), the defendants appeal from a judgment of the Supreme Court, Nassau County, entered October 5, 1964 after trial, on a jury’s verdict which made no award of damages on the first cause of action and which awarded damages of $110,000 to the plaintiff administratrix on the second cause of action for wrongful death. Judgment reversed on the law and the facts, and a new trial granted, with costs to abide the event. In our opinion, upon this record the finding by the jury that decedent was free from contributory negligence is contrary to the weight of the evidence. Beldock, P. J., Ughetta, Christ, Rabin and Benjamin, JJ., concur.

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In an action to recover damages for decedent’s conscious pain and suffering (first cause of action) and for his wrongful death (second cause of action), the defendants appeal from a judgment of the Supreme Court, Nassau County, entered October 5, 1964 after trial, on a jury’s verdict which made no award of damages on the first cause of action and which awarded damages of $110,000 to the plaintiff administratrix on the second cause of action for wrongful death. Judgment reversed on the law and the facts, and a new trial granted, with costs to abide the event. In our opinion, upon this record the finding by the jury that decedent was free from contributory negligence is contrary to the weight of the evidence. Beldock, P. J., Ughetta, Christ, Rabin and Benjamin, JJ., concur.

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Bluebook (online)

24 A.D.2d 582, 262 N.Y.S.2d 428, 1965 N.Y. App. Div. LEXIS 3719, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stair-v-hirsch-nyappdiv-1965.