Varriale v. Sunnybrook Acres, Inc.

Appellate Division of the Supreme Court of New York

Varriale v. Sunnybrook Acres, Inc.

37 A.D.2d 603, 322 N.Y.S.2d 904, 1971 N.Y. App. Div. LEXIS 3866

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

DecidedJune 14, 1971

StatusPublished

Cited by2 cases

This text of 37 A.D.2d 603 (Varriale v. Sunnybrook Acres, Inc.) 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

Varriale v. Sunnybrook Acres, Inc., 37 A.D.2d 603, 322 N.Y.S.2d 904, 1971 N.Y. App. Div. LEXIS 3866 (N.Y. Ct. App. 1971).

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Opinion

In a negligence action to recover damages for personal injuries sustained in a fall from a horse, defendants Sunnybrook Acres, Inc., and Laura and Kenneth Pohl appeal from a judgment of the Supreme Court, Queens County, entered November 20, 1970, in favor of plaintiff against them upon a jury verdict in the sum of $22,500. Judgment reversed, on the law and the facts, and new trial granted, with costs to abide the event. In our opinion, the probative evidence does not support the finding implicit in the verdict that the horse which plaintiff was riding possessed vicious propensities known to appellants. Plaintiff sought to establish that prior to his accident the horse had been involved in another incident, which had been reported to appellants, but of which plaintiff was unaware. The only competent evidence introduced to support this claim was that the two accidents involved horses of similar coloring that were equipped with nonwestern saddles. However, 15 of appellants’ horses fit the particular description and there were a number of nonwestern saddles in use. Thus, the link between the various accidents was too tenuous to warrant the conclusion that the same horse was involved. Hopkins, Acting P. J., Munder, Latham, Gulotta and Brennan, JJ., concur.

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In a negligence action to recover damages for personal injuries sustained in a fall from a horse, defendants Sunnybrook Acres, Inc., and Laura and Kenneth Pohl appeal from a judgment of the Supreme Court, Queens County, entered November 20, 1970, in favor of plaintiff against them upon a jury verdict in the sum of $22,500. Judgment reversed, on the law and the facts, and new trial granted, with costs to abide the event. In our opinion, the probative evidence does not support the finding implicit in the verdict that the horse which plaintiff was riding possessed vicious propensities known to appellants. Plaintiff sought to establish that prior to his accident the horse had been involved in another incident, which had been reported to appellants, but of which plaintiff was unaware. The only competent evidence introduced to support this claim was that the two accidents involved horses of similar coloring that were equipped with nonwestern saddles. However, 15 of appellants’ horses fit the particular description and there were a number of nonwestern saddles in use. Thus, the link between the various accidents was too tenuous to warrant the conclusion that the same horse was involved. Hopkins, Acting P. J., Munder, Latham, Gulotta and Brennan, JJ., concur.

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Bluebook (online)

37 A.D.2d 603, 322 N.Y.S.2d 904, 1971 N.Y. App. Div. LEXIS 3866, Counsel Stack Legal Research, https://law.counselstack.com/opinion/varriale-v-sunnybrook-acres-inc-nyappdiv-1971.

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