Wetherel v. Rella

Appellate Division of the Supreme Court of New York

Wetherel v. Rella

277 A.D.2d 878

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

DecidedJune 5, 1950

StatusPublished

This text of 277 A.D.2d 878 (Wetherel v. Rella) 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

Wetherel v. Rella, 277 A.D.2d 878 (N.Y. Ct. App. 1950).

Pincite

Opinion

In an action by plaintiff, a joint tenant of a two-family house owned by the defendant Ethel Relia and leased-to plaintiff by the defendant Pietro Bella, to recover damages for injuries sustained when he fell on an accumulation of ice and snow allegedly resulting from a defective drain in the driveway which was part of the leased premises, plaintiff appeals from a judgment dismissing his complaint on motion by defendants at the close of plaintiff’s ease. Judgment unanimously affirmed, with costs. In our opinion the evidence adduced was insufficient to sustain a finding that the defect complained of was a proximate cause of plaintiff’s injuries. Present — Nolan, P. J., Carswell, Adel, Sneed and Wenzel, JJ.

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In an action by plaintiff, a joint tenant of a two-family house owned by the defendant Ethel Relia and leased-to plaintiff by the defendant Pietro Bella, to recover damages for injuries sustained when he fell on an accumulation of ice and snow allegedly resulting from a defective drain in the driveway which was part of the leased premises, plaintiff appeals from a judgment dismissing his complaint on motion by defendants at the close of plaintiff’s ease. Judgment unanimously affirmed, with costs. In our opinion the evidence adduced was insufficient to sustain a finding that the defect complained of was a proximate cause of plaintiff’s injuries. Present — Nolan, P. J., Carswell, Adel, Sneed and Wenzel, JJ.

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Bluebook (online)

277 A.D.2d 878, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wetherel-v-rella-nyappdiv-1950.