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Brown v. Wagner

Appellate Division of the Supreme Court of New York, Second Department
Oct 2, 1972
40 A.D.2d 674 (N.Y. App. Div. 1972)

Opinion

October 2, 1972


In a negligence action to recover damages for personal injuries, medical expenses, etc., plaintiffs appeal from a judgment of the Supreme Court, Queens County, entered May 28, 1971 in favor of defendant, upon the trial court's dismissal of the complaint at the close of the case at a jury trial. Judgment reversed, on the law, and new trial granted, with costs to abide the event. The appeal did not present questions of fact. In our opinion there were questions of fact for the jury to determine (see Belcher v. Kesten, 30 N.Y.2d 744, revg. 36 A.D.2d 736). Martuscello, Acting P.J., Shapiro, Gulotta, Brennan and Benjamin, JJ., concur.


Summaries of

Brown v. Wagner

Appellate Division of the Supreme Court of New York, Second Department
Oct 2, 1972
40 A.D.2d 674 (N.Y. App. Div. 1972)
Case details for

Brown v. Wagner

Case Details

Full title:CAROLE J. BROWN, an Infant, by Her Parent and Natural Guardian, ROBERT F…

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

Date published: Oct 2, 1972

Citations

40 A.D.2d 674 (N.Y. App. Div. 1972)