Wagner v. Winne

Appellate Division of the Supreme Court of New York

Wagner v. Winne

40 A.D.2d 847, 337 N.Y.S.2d 503, 1972 N.Y. App. Div. LEXIS 3425

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

DecidedNovember 13, 1972

StatusPublished

This text of 40 A.D.2d 847 (Wagner v. Winne) 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

Wagner v. Winne, 40 A.D.2d 847, 337 N.Y.S.2d 503, 1972 N.Y. App. Div. LEXIS 3425 (N.Y. Ct. App. 1972).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Suffolk County, entered April 1, 1970, which dismissed the complaint, upon the trial court’s decision at the close of plaintiff’s case upon a jury trial. Judgment reversed, on the law, with $10 costs and disbursements, and new trial granted. The appeal did not present questions of fact. In our opinion, the evidence adduced at the trial raised issues of fact for the jury as to the negligence of defendant and the contributory negligence of plaintiff. Hopkins, Acting P. J., Munder, Martuscello, Gulotta and Benjamin, 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, Suffolk County, entered April 1, 1970, which dismissed the complaint, upon the trial court’s decision at the close of plaintiff’s case upon a jury trial. Judgment reversed, on the law, with $10 costs and disbursements, and new trial granted. The appeal did not present questions of fact. In our opinion, the evidence adduced at the trial raised issues of fact for the jury as to the negligence of defendant and the contributory negligence of plaintiff. Hopkins, Acting P. J., Munder, Martuscello, Gulotta and Benjamin, JJ., concur.

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Bluebook (online)

40 A.D.2d 847, 337 N.Y.S.2d 503, 1972 N.Y. App. Div. LEXIS 3425, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wagner-v-winne-nyappdiv-1972.