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

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

DecidedApril 25, 1966

StatusPublished

Cited by2 cases

This text of 25 A.D.2d 787 (Thomas v. City of New York) 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

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

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.

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Bluebook (online)

25 A.D.2d 787, 269 N.Y.S.2d 524, 1966 N.Y. App. Div. LEXIS 4458, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-city-of-new-york-nyappdiv-1966.

Opinion

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