Tully v. Polito

Appellate Division of the Supreme Court of New York

Tully v. Polito

49 A.D.2d 954, 374 N.Y.S.2d 56, 1975 N.Y. App. Div. LEXIS 11248

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

DecidedOctober 28, 1975

StatusPublished

Cited by2 cases

This text of 49 A.D.2d 954 (Tully v. Polito) 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

Tully v. Polito, 49 A.D.2d 954, 374 N.Y.S.2d 56, 1975 N.Y. App. Div. LEXIS 11248 (N.Y. Ct. App. 1975).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Kings County, entered October 15, [955]*9551974, in favor of defendant, upon the trial court’s dismissal of the complaint at the close of plaintiff’s case, at a jury trial. Judgment affirmed, with costs. Plaintiff, as a long distance driver of defendant’s automobile, had a concurrent duty with defendant to inspect the vehicle and was negligent in failing to discover patent defects in equipment (Fried v Korn, 286 App Div 107, affd 1 NY2d 691). Thus, as a matter of law, plaintiff cannot recover on his claim and the trial court was justified in dismissing the complaint. Martuscello, Acting P. J., Latham, Cohalan, Margett and Brennan, 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, Kings County, entered October 15, [955]*9551974, in favor of defendant, upon the trial court’s dismissal of the complaint at the close of plaintiff’s case, at a jury trial. Judgment affirmed, with costs. Plaintiff, as a long distance driver of defendant’s automobile, had a concurrent duty with defendant to inspect the vehicle and was negligent in failing to discover patent defects in equipment (Fried v Korn, 286 App Div 107, affd 1 NY2d 691). Thus, as a matter of law, plaintiff cannot recover on his claim and the trial court was justified in dismissing the complaint. Martuscello, Acting P. J., Latham, Cohalan, Margett and Brennan, JJ., concur.

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Bluebook (online)

49 A.D.2d 954, 374 N.Y.S.2d 56, 1975 N.Y. App. Div. LEXIS 11248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tully-v-polito-nyappdiv-1975.

Opinion

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