From Casetext: Smarter Legal Research

Friedfeld v. Chemical Corn Exchange Bank

Appellate Division of the Supreme Court of New York, Second Department
Nov 16, 1964
22 A.D.2d 809 (N.Y. App. Div. 1964)

Opinion

November 16, 1964


In a negligence action to recover damages for personal injury, the defendant appeals from a judgment of the Supreme Court, Queens County, entered February 25, 1964 after trial upon a jury's verdict in favor of the plaintiff administrator. The plaintiff's intestate died before the trial; and during trial, her husband's cause of action for loss of services was discontinued. Judgment reversed on the law and the facts, without costs, and complaint dismissed on the law, without costs. In our opinion, the plaintiff failed to establish that the defendant had not exercised reasonable care in the maintenance of the premises under the weather conditions prevailing at the time of the accident (cf. Spaulding v. Christakos, 269 App. Div. 909, affd. 295 N.Y. 973; Miller v. Gimbel Bros., 262 N.Y. 107; Antenen v. New York Tel. Co., 271 N.Y. 558; Boccaccino v. Our Lady of Pity Roman Catholic Church, 18 A.D.2d 1055; Vaglio v. Our Lady of Mount Carmel R.C. Church, 22 A.D.2d 815). Beldock, P.J., Kleinfeld, Christ, Hill and Rabin, JJ., concur.


Summaries of

Friedfeld v. Chemical Corn Exchange Bank

Appellate Division of the Supreme Court of New York, Second Department
Nov 16, 1964
22 A.D.2d 809 (N.Y. App. Div. 1964)
Case details for

Friedfeld v. Chemical Corn Exchange Bank

Case Details

Full title:FRED FRIEDFELD, as Administrator of the Estate of ESSIE FRIEDFELD…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 16, 1964

Citations

22 A.D.2d 809 (N.Y. App. Div. 1964)

Citing Cases

Vaglio v. Our Lady of Mount Carmel

Judgment reversed on the law and the facts, without costs, and complaint dismissed on the law, without costs.…

Gagnon v. Pondfield Apartments, Inc.

Considering the evidence in the light most favorable to plaintiffs, as must be done upon a motion to dismiss…