Thomas v. City of New York

Appellate Division of the Supreme Court of New York

Thomas v. City of New York

25 A.D.2d 787, 269 N.Y.S.2d 524, 1966 N.Y. App. Div. LEXIS 4458

Appellate Division of the Supreme Court of the State of New York·Decided April 25, 1966·Published·Cited by 2 cases

Opinion

In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Queens County, entered June 28, 1965 upon the court’s decision, which dismissed the complaint at the close of a jury trial. Judgment reversed, on the law, with costs to appellant, and new trial granted. No questions of fact were considered. In our opinion the learned trial court erred in dismissing the complaint. We find that plaintiff presented proof which prima facie established liability and that defendant presented proof tending to exculpate itself. Under these circumstances the issue as to liability should have been submitted to the jury.

Christ, Acting P. J., Brennan, Hill, Hopkins and Benjamin, JJ., concur.

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In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Queens County, entered June 28, 1965 upon the court’s decision, which dismissed the complaint at the close of a jury trial. Judgment reversed, on the law, with costs to appellant, and new trial granted. No questions of fact were considered. In our opinion the learned trial court erred in dismissing the complaint. We find that plaintiff presented proof which prima facie established liability and that defendant presented proof tending to exculpate itself. Under these circumstances the issue as to liability should have been submitted to the jury.

Christ, Acting P. J., Brennan, Hill, Hopkins and Benjamin, JJ., concur.

Thomas v. City of New York, 25 A.D.2d 787, 269 N.Y.S.2d 524, 1966 N.Y. App. Div. LEXIS 4458 (N.Y. Ct. App. 1966).

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Opinion

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