From Casetext: Smarter Legal Research

Stanton v. Gasport View Dairy Farm, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1995
221 A.D.2d 1000 (N.Y. App. Div. 1995)

Opinion

November 15, 1995

Appeal from the Supreme Court, Niagara County, Mintz, J.

Present — Pine, J.P., Lawton, Wesley, Callahan and Doerr, JJ.


Judgment unanimously reversed on the law without costs and new trial granted. Memorandum: Supreme Court erred in concluding that mud is not included within the scope of Vehicle and Traffic Law § 1219 (see, People v Bunton, 128 Misc.2d 162; see also, Nielsen v City of New York, 38 A.D.2d 592, appeal dismissed 30 N.Y.2d 568). The court further erred in holding that the quantity and source of the mud were not at issue in this case. Plaintiffs presented proof of excessive mud and Deputy Sheehan testified that the muddy conditions were caused by defendant farm. Thus, the court erred in precluding plaintiffs from completing their proof with respect to mud and in refusing to present that issue to the jury. Therefore, plaintiff Joanne Stanton is entitled to a new trial.


Summaries of

Stanton v. Gasport View Dairy Farm, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1995
221 A.D.2d 1000 (N.Y. App. Div. 1995)
Case details for

Stanton v. Gasport View Dairy Farm, Inc.

Case Details

Full title:EDWIN C. STANTON, Plaintiff, and JOANNE STANTON, Appellant, v. GASPORT…

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

Date published: Nov 15, 1995

Citations

221 A.D.2d 1000 (N.Y. App. Div. 1995)
635 N.Y.S.2d 560

Citing Cases

Lastowski v. V.S. Virkler Son

With respect to the motion of Virkler, however, we conclude that there is an issue of fact on the record…