Vega v. City of New York

New York Court of Appeals

Vega v. City of New York

309 N.E.2d 130, 33 N.Y.2d 942, 353 N.Y.S.2d 729, 1974 N.Y. LEXIS 1741

DecidedFebruary 13, 1974

StatusPublished

This text of 309 N.E.2d 130 (Vega v. City of New York) 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

Vega v. City of New York, 309 N.E.2d 130, 33 N.Y.2d 942, 353 N.Y.S.2d 729, 1974 N.Y. LEXIS 1741 (N.Y. 1974).

Pincite

Opinion

Order reversed and a new trial granted, with costs to abide the event, in the following memorandum: The concededly erroneous instructions as to the burden of proof with respect to contributory negligence in the action for conscious pain and suffering was likely to create confusion in the minds of the jurors. Indeed, the Trial Judge himself, recognizing his error, sought to rectify the consequences of it by setting aside the verdict and ordering a new trial. It cannot be said, as a matter of law, that the ambiguous and contradictory instructions given the jury constituted harmless error.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler and Stevens. Taking no part: Judge Babin.

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Order reversed and a new trial granted, with costs to abide the event, in the following memorandum: The concededly erroneous instructions as to the burden of proof with respect to contributory negligence in the action for conscious pain and suffering was likely to create confusion in the minds of the jurors. Indeed, the Trial Judge himself, recognizing his error, sought to rectify the consequences of it by setting aside the verdict and ordering a new trial. It cannot be said, as a matter of law, that the ambiguous and contradictory instructions given the jury constituted harmless error.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler and Stevens. Taking no part: Judge Babin.

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Bluebook (online)

309 N.E.2d 130, 33 N.Y.2d 942, 353 N.Y.S.2d 729, 1974 N.Y. LEXIS 1741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vega-v-city-of-new-york-ny-1974.