Varelli v. Marcal Paper Mills, Inc.

Appellate Division of the Supreme Court of New York

Varelli v. Marcal Paper Mills, Inc.

48 A.D.2d 844, 372 N.Y.S.2d 553, 1975 N.Y. App. Div. LEXIS 10062

Appellate Division of the Supreme Court of the State of New York·Decided June 2, 1975·Published

Opinion

In an action to recover damages for wrongful death, etc., plaintiff appeals from a judgment of-the Supreme Court, Kings County, entered November 13, 1974, in favor of defendants, upon the trial court’s dismissal of the complaint at the close of plaintiff’s case at a jury trial. Judgment reversed, on the law, and new trial granted, with costs to abide the event. No fact questions have been raised or considered. The dismissal of the complaint at the conclusion of plaintiff’s case was not warranted in this wrongful death action (see Noseworthy v City of New York, 298 NY 76). Rabin, Acting P. J., Latham, Cohalan, Brennan and Shapiro, JJ., concur.

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In an action to recover damages for wrongful death, etc., plaintiff appeals from a judgment of-the Supreme Court, Kings County, entered November 13, 1974, in favor of defendants, upon the trial court’s dismissal of the complaint at the close of plaintiff’s case at a jury trial. Judgment reversed, on the law, and new trial granted, with costs to abide the event. No fact questions have been raised or considered. The dismissal of the complaint at the conclusion of plaintiff’s case was not warranted in this wrongful death action (see Noseworthy v City of New York, 298 NY 76). Rabin, Acting P. J., Latham, Cohalan, Brennan and Shapiro, JJ., concur.

Varelli v. Marcal Paper Mills, Inc., 48 A.D.2d 844, 372 N.Y.S.2d 553, 1975 N.Y. App. Div. LEXIS 10062 (N.Y. Ct. App. 1975).

Pincite

48 A.D.2d 844 (Varelli v. Marcal Paper Mills, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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