From Casetext: Smarter Legal Research

Edwards v. Nemenyi

Court of Appeals of the State of New York
Feb 16, 1984
462 N.E.2d 124 (N.Y. 1984)

Opinion

Argued January 10, 1984

Decided February 16, 1984

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ANTHONY J. MERCORELLA, J.

Alexander J. Wulwick and Ignatius John Melito for appellant.

Mark B. Wiesen and Richard A. Gurfein for respondents.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Not only was there no proof identifying the defect in the stool, from which plaintiff fell, and establishing that such defect was the proximate cause of the fall, but there was no showing of "facts and conditions from which the negligence of the defendant and the causation of the accident by that negligence may be reasonably inferred" ( Ingersoll v Liberty Bank, 278 N.Y. 1, 7; see Agnelli v Tonegatti, 20 A.D.2d 887).

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and KAYE concur; Judge SIMONS taking no part.

Order affirmed, with costs, in a memorandum.


Summaries of

Edwards v. Nemenyi

Court of Appeals of the State of New York
Feb 16, 1984
462 N.E.2d 124 (N.Y. 1984)
Case details for

Edwards v. Nemenyi

Case Details

Full title:EDITH EDWARDS, Appellant, v. ROBERT NEMENYI et al., Respondents

Court:Court of Appeals of the State of New York

Date published: Feb 16, 1984

Citations

462 N.E.2d 124 (N.Y. 1984)
462 N.E.2d 124
473 N.Y.S.2d 947

Citing Cases

Putnick v. H.M.C. Assocs

Here, plaintiff's testimony that he heard the ladder crack permits the inference that the ladder did not…

Covelli v. Long Island Lighting Co.

The trial court properly granted the defendant's motion to dismiss the causes of action to recover damages…