Weeden v. Armor Elevator Co.

Appellate Division of the Supreme Court of New York

Weeden v. Armor Elevator Co.

118 A.D.2d 849, 500 N.Y.S.2d 336, 1986 N.Y. App. Div. LEXIS 54704

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

DecidedMarch 31, 1986

StatusPublished

Cited by1 cases

This text of 118 A.D.2d 849 (Weeden v. Armor Elevator Co.) 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

Weeden v. Armor Elevator Co., 118 A.D.2d 849, 500 N.Y.S.2d 336, 1986 N.Y. App. Div. LEXIS 54704 (N.Y. Ct. App. 1986).

Pincite

Opinion

— In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Orange County (Burchell, J.), dated June 18, 1984, which, upon a jury verdict, dismissed her complaint.

Judgment affirmed, with costs.

At the trial, the plaintiff relied both on the doctrine of res ipsa loquitur and on specific evidence of negligence. Thus, contrary to the plaintiff’s contention, the Trial Judge acted properly when he instructed the jury both on that doctrine and on the elements of negligence (see, Abbott v Page Airways, 23 NY2d 502, 511-512; Weeden v Armor Elevator Co., 97 AD2d [850]*850197, 202). Mollen, P. J., Thompson, Rubin and Spatt, JJ., concur.

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— In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Orange County (Burchell, J.), dated June 18, 1984, which, upon a jury verdict, dismissed her complaint.

Judgment affirmed, with costs.

At the trial, the plaintiff relied both on the doctrine of res ipsa loquitur and on specific evidence of negligence. Thus, contrary to the plaintiff’s contention, the Trial Judge acted properly when he instructed the jury both on that doctrine and on the elements of negligence (see, Abbott v Page Airways, 23 NY2d 502, 511-512; Weeden v Armor Elevator Co., 97 AD2d [850]*850197, 202). Mollen, P. J., Thompson, Rubin and Spatt, JJ., concur.

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Bluebook (online)

118 A.D.2d 849, 500 N.Y.S.2d 336, 1986 N.Y. App. Div. LEXIS 54704, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weeden-v-armor-elevator-co-nyappdiv-1986.

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