Warnock v. Monje

Appellate Division of the Supreme Court of New York

Warnock v. Monje

279 A.D. 842, 109 N.Y.S.2d 530

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

DecidedJanuary 16, 1952

StatusPublished

Cited by1 cases

This text of 279 A.D. 842 (Warnock v. Monje) 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

Warnock v. Monje, 279 A.D. 842, 109 N.Y.S.2d 530 (N.Y. Ct. App. 1952).

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Opinion

Memorandum: The recital by the defendant as to how the accident happened if made by him, (as we understand it was from this confused record) was properly received in evidence as an admission. (Richardson on Evidence [6th ed.], § 357, p. 291; Reed v. McCord, 160 N. Y. 330.) The probative value of the defendant’s recital was for the determination of the jury. (Gangi v. Fradus, 227 N. Y. 452, 457.) We think that the statement of the defendant, together with the other evidence presented, required that the question of negligence or freedom from negligence on the part of the defendant be submitted for the determination of the jury. All concur. (Appeal from a judgment dismissing the complaint in a negligence action.) Present — Taylor, P. J., Vaughan, Kimball, Piper and Wheeler, JJ.

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Memorandum: The recital by the defendant as to how the accident happened if made by him, (as we understand it was from this confused record) was properly received in evidence as an admission. (Richardson on Evidence [6th ed.], § 357, p. 291; Reed v. McCord, 160 N. Y. 330.) The probative value of the defendant’s recital was for the determination of the jury. (Gangi v. Fradus, 227 N. Y. 452, 457.) We think that the statement of the defendant, together with the other evidence presented, required that the question of negligence or freedom from negligence on the part of the defendant be submitted for the determination of the jury. All concur. (Appeal from a judgment dismissing the complaint in a negligence action.) Present — Taylor, P. J., Vaughan, Kimball, Piper and Wheeler, JJ.

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Bluebook (online)

279 A.D. 842, 109 N.Y.S.2d 530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warnock-v-monje-nyappdiv-1952.

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