From Casetext: Smarter Legal Research

Kalish v. Krieger

Court of Appeals of the State of New York
Dec 18, 1974
322 N.E.2d 273 (N.Y. 1974)

Opinion

Argued November 12, 1974

Decided December 18, 1974

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ABRAHAM J. GELLINOFF, J.

John J. Moore and Roger T. McTiernan for appellant.

Sanford S. Kantor for respondent.


MEMORANDUM. In the case of these as with most jury instructions, additional reflection might suggest reorganization, slightly different emphases, and more precise phrasing. We find here, however, neither errors of substance nor significant confusion between those portions of the instructions relating to contributory negligence and those relating to proximate causation.

Accordingly, the order of the Appellate Division should be affirmed.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and RABIN concur; Judge STEVENS taking no part.

Order affirmed, with costs, in memorandum.


Summaries of

Kalish v. Krieger

Court of Appeals of the State of New York
Dec 18, 1974
322 N.E.2d 273 (N.Y. 1974)
Case details for

Kalish v. Krieger

Case Details

Full title:MARC KALISH, Respondent, v. MAX KRIEGER, Appellant

Court:Court of Appeals of the State of New York

Date published: Dec 18, 1974

Citations

322 N.E.2d 273 (N.Y. 1974)
322 N.E.2d 273
363 N.Y.S.2d 581

Citing Cases

Espriel v. N.Y. Downtown Hosp

defendant's assistant director of risk management, based on computer-generated reports, to the effect that…

Brady v. Harborfields Cent. Sch. Dist. No. 6

The use of the term "substantial factor" with regard to a plaintiff's contributory negligence has frequently…