Troper v. Vitolo

Appellate Division of the Supreme Court of New York

Troper v. Vitolo

45 A.D.2d 866, 358 N.Y.S.2d 970, 1974 N.Y. App. Div. LEXIS 4404

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

DecidedJuly 15, 1974

StatusPublished

This text of 45 A.D.2d 866 (Troper v. Vitolo) 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

Troper v. Vitolo, 45 A.D.2d 866, 358 N.Y.S.2d 970, 1974 N.Y. App. Div. LEXIS 4404 (N.Y. Ct. App. 1974).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Queens County, entered May 10, 1973, in favor of defendants, upon the trial court’s (1) setting aside a jury verdict in favor of plaintiffs against defendants on the issue of liability and (2) directing a verdict against plaintiffs. Judgment reversed, with costs, and verdict in favor of plaintiffs reinstated. Upon the record on this appeal, the Trial Justice was not warranted in setting aside the jury’s verdict in favor of plaintiffs, since a pure question of fact was involve. Shapiro, Acting P. J., Cohalan, Christ, Brennan and Benjamin, JJ., concur.

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In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Queens County, entered May 10, 1973, in favor of defendants, upon the trial court’s (1) setting aside a jury verdict in favor of plaintiffs against defendants on the issue of liability and (2) directing a verdict against plaintiffs. Judgment reversed, with costs, and verdict in favor of plaintiffs reinstated. Upon the record on this appeal, the Trial Justice was not warranted in setting aside the jury’s verdict in favor of plaintiffs, since a pure question of fact was involve. Shapiro, Acting P. J., Cohalan, Christ, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

45 A.D.2d 866, 358 N.Y.S.2d 970, 1974 N.Y. App. Div. LEXIS 4404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/troper-v-vitolo-nyappdiv-1974.