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Horowitz v. Bandler

Appellate Division of the Supreme Court of New York, Second Department
Feb 15, 1943
265 App. Div. 1066 (N.Y. App. Div. 1943)

Summary

In Horowitz v. Bandler (265 App. Div. 1066) the Appellate Division of the Second Department, affirmed an order made by Mr. Justice STODDART of this court at trial term, setting aside a verdict and granting a new trial because "the preponderance of the evidence does not establish the fall sustained by the deceased as the cause of death.

Summary of this case from Casoni v. Town of Islip

Opinion

February 15, 1943.

Present — Close, P.J., Hagarty, Carswell, Johnston and Lewis, JJ.


Action to recover damages for the death of plaintiff's intestate, who fell on the side-walk in front of premises owned by the respondent, who, it was alleged, negligently permitted snow and ice to remain on the sidewalk, thus creating a dangerous condition. The jury returned a verdict of $5,500 in favor of plaintiff. The court set aside the verdict and granted a new trial because "the preponderance of the evidence does not establish the fall sustained by the deceased as the cause of death." Order, in so far as appealed from, unanimously affirmed, with costs to abide the event.


Summaries of

Horowitz v. Bandler

Appellate Division of the Supreme Court of New York, Second Department
Feb 15, 1943
265 App. Div. 1066 (N.Y. App. Div. 1943)

In Horowitz v. Bandler (265 App. Div. 1066) the Appellate Division of the Second Department, affirmed an order made by Mr. Justice STODDART of this court at trial term, setting aside a verdict and granting a new trial because "the preponderance of the evidence does not establish the fall sustained by the deceased as the cause of death.

Summary of this case from Casoni v. Town of Islip
Case details for

Horowitz v. Bandler

Case Details

Full title:EDITH HOROWITZ, as Administratrix of the Estate of JOSEPH HOROWITZ…

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

Date published: Feb 15, 1943

Citations

265 App. Div. 1066 (N.Y. App. Div. 1943)

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