Tsitsera v. Hudson Transit Corp.

New York Court of Appeals

Tsitsera v. Hudson Transit Corp.

200 N.E.2d 633, 14 N.Y.2d 855, 251 N.Y.S.2d 968, 1964 N.Y. LEXIS 1056

CourtNew York Court of Appeals

DecidedJune 10, 1964

StatusPublished

Cited by2 cases

This text of 200 N.E.2d 633 (Tsitsera v. Hudson Transit Corp.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tsitsera v. Hudson Transit Corp., 200 N.E.2d 633, 14 N.Y.2d 855, 251 N.Y.S.2d 968, 1964 N.Y. LEXIS 1056 (N.Y. 1964).

Pincite

Opinion

Order reversed, without costs, and the complaints in actions Nos. 2 and 3 dismissed upon the ground that the trial court erred as matter of law in failing to grant defendants-appellants ’ motion for a directed verdict. Since the evidence as to the circumstances surrounding the happening of the accident which damaged plaintiffs is undisputed, the question as to whether any act or omission of defendants-appellants was a proximate cause thereof was one for the court and not for the jury (Rivera v. City of New York, 11 N Y 2d 856).

Concur: Judges Dye, Fuld, Van Voorhis, Burke and Scileppi. Chief Judge Desmond and Judge Bergan dissent and vote to affirm.

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Order reversed, without costs, and the complaints in actions Nos. 2 and 3 dismissed upon the ground that the trial court erred as matter of law in failing to grant defendants-appellants ’ motion for a directed verdict. Since the evidence as to the circumstances surrounding the happening of the accident which damaged plaintiffs is undisputed, the question as to whether any act or omission of defendants-appellants was a proximate cause thereof was one for the court and not for the jury (Rivera v. City of New York, 11 N Y 2d 856).

Concur: Judges Dye, Fuld, Van Voorhis, Burke and Scileppi. Chief Judge Desmond and Judge Bergan dissent and vote to affirm.

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Bluebook (online)

200 N.E.2d 633, 14 N.Y.2d 855, 251 N.Y.S.2d 968, 1964 N.Y. LEXIS 1056, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tsitsera-v-hudson-transit-corp-ny-1964.

Opinion

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