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Arena v. Kunzer-Ellinwood, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
May 19, 1949
275 App. Div. 898 (N.Y. App. Div. 1949)

Opinion

May 19, 1949.

Present — Taylor, P.J., McCurn, Love, Vaughan and Piper, JJ.


Judgment reversed on the law and a new trial granted, with costs to the appellant to abide the event. Memorandum: On the record before us we find that issues of fact are presented that should be passed upon by a jury, involving foreseeability, the character of the material placed alongside the drive, whether inherently dangerous or otherwise, and whether the action of the defendant in placing said material alongside the drive constituted negligence under the circumstances disclosed by the evidence. Upon a new trial other questions may be presented for determination by the jury. All concur, Love, J., not voting. (The judgment dismisses the complaint in a negligence action.)


Summaries of

Arena v. Kunzer-Ellinwood, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
May 19, 1949
275 App. Div. 898 (N.Y. App. Div. 1949)
Case details for

Arena v. Kunzer-Ellinwood, Inc.

Case Details

Full title:ANTHONY ARENA, Appellant, v. KUNZER-ELLINWOOD, INC., Respondent

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

Date published: May 19, 1949

Citations

275 App. Div. 898 (N.Y. App. Div. 1949)