Ziegler v. Slattery Construction Corp.

Appellate Division of the Supreme Court of New York

Ziegler v. Slattery Construction Corp.

37 A.D.2d 782, 325 N.Y.S.2d 254, 1971 N.Y. App. Div. LEXIS 3414

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

DecidedSeptember 27, 1971

StatusPublished

This text of 37 A.D.2d 782 (Ziegler v. Slattery Construction Corp.) 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

Ziegler v. Slattery Construction Corp., 37 A.D.2d 782, 325 N.Y.S.2d 254, 1971 N.Y. App. Div. LEXIS 3414 (N.Y. Ct. App. 1971).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, plaintiffs appeal from a judgment of the Supreme Court, Queens County, entered June 4, 1970, in favor of defendant Slattery Construction Corp. upon the trial court’s dismissal of the complaint against said defendant at the end of plaintiffs’ case at a jury trial of the issue of liability only. Judgment affirmed, without costs. A prima facie case of negligence on the part of defendant Slattery Construction Corp. has not been demonstrated. Hopkins, Acting P. J., Gulotta, Christ and Brennan, JJ., concur; Benjamin, J., dissents and votes to reverse the judgment and to grant a new trial on the ground that, in his opinion, a prima facie case was made out.

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In a negligence action to recover damages for personal injuries, plaintiffs appeal from a judgment of the Supreme Court, Queens County, entered June 4, 1970, in favor of defendant Slattery Construction Corp. upon the trial court’s dismissal of the complaint against said defendant at the end of plaintiffs’ case at a jury trial of the issue of liability only. Judgment affirmed, without costs. A prima facie case of negligence on the part of defendant Slattery Construction Corp. has not been demonstrated. Hopkins, Acting P. J., Gulotta, Christ and Brennan, JJ., concur; Benjamin, J., dissents and votes to reverse the judgment and to grant a new trial on the ground that, in his opinion, a prima facie case was made out.

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Bluebook (online)

37 A.D.2d 782, 325 N.Y.S.2d 254, 1971 N.Y. App. Div. LEXIS 3414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ziegler-v-slattery-construction-corp-nyappdiv-1971.