Zaino v. Frutkin

Appellate Division of the Supreme Court of New York

Zaino v. Frutkin

249 A.D. 628, 290 N.Y.S. 907, 1936 N.Y. App. Div. LEXIS 5298

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

DecidedNovember 6, 1936

StatusPublished

This text of 249 A.D. 628 (Zaino v. Frutkin) 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

Zaino v. Frutkin, 249 A.D. 628, 290 N.Y.S. 907, 1936 N.Y. App. Div. LEXIS 5298 (N.Y. Ct. App. 1936).

Pincite

Opinion

Plaintiff-wife, a patient of defendant—a dentist—was injured when she stumbled over a control box alleged to have been placed in the passageway leading from the operating room. Judgment dismissing the complaint at the close of plaintiffs’ case reversed on the law and a new trial granted, with costs to appellants to abide the event. In our opinion the plaintiff-wife and her husband, who sued for his expenses, established a prima Jade case and it was error to dismiss the complaint. It was for the jury to pass upon the credibility of the witnesses and plaintiff-wife’s alleged contributory negligence. Lazansky, P. J., Hagarty, Carswell, Davis and Johnston, JJ., concur.

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Plaintiff-wife, a patient of defendant—a dentist—was injured when she stumbled over a control box alleged to have been placed in the passageway leading from the operating room. Judgment dismissing the complaint at the close of plaintiffs’ case reversed on the law and a new trial granted, with costs to appellants to abide the event. In our opinion the plaintiff-wife and her husband, who sued for his expenses, established a prima Jade case and it was error to dismiss the complaint. It was for the jury to pass upon the credibility of the witnesses and plaintiff-wife’s alleged contributory negligence. Lazansky, P. J., Hagarty, Carswell, Davis and Johnston, JJ., concur.

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Bluebook (online)

249 A.D. 628, 290 N.Y.S. 907, 1936 N.Y. App. Div. LEXIS 5298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zaino-v-frutkin-nyappdiv-1936.