Sullivan v. Brooklyn & Queens Transit Corp.

Appellate Division of the Supreme Court of New York

Sullivan v. Brooklyn & Queens Transit Corp.

257 A.D. 1013, 14 N.Y.S.2d 489, 1939 N.Y. App. Div. LEXIS 8915

Appellate Division of the Supreme Court of the State of New York·Decided June 30, 1939·Published

Opinion

From a judgment in favor of the plaintiff in an action for personal injuries tried before the court, a jury having been waived, the defendant appeals. Judgment reversed on the facts and a new trial granted, costs to abide the event. In our opinion the conclusion reached by the trial court is against the weight of the credible evidence. Carswell, Taylor and Close, JJ., concur; Lazansky, P. J., and Hagarty, J., dissent and vote to affirm.

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From a judgment in favor of the plaintiff in an action for personal injuries tried before the court, a jury having been waived, the defendant appeals. Judgment reversed on the facts and a new trial granted, costs to abide the event. In our opinion the conclusion reached by the trial court is against the weight of the credible evidence. Carswell, Taylor and Close, JJ., concur; Lazansky, P. J., and Hagarty, J., dissent and vote to affirm.

Sullivan v. Brooklyn & Queens Transit Corp., 257 A.D. 1013, 14 N.Y.S.2d 489, 1939 N.Y. App. Div. LEXIS 8915 (N.Y. Ct. App. 1939).

Pincite

257 A.D. 1013 (Sullivan v. Brooklyn & Queens Transit Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.