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Kelly v. Blendinger

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 27, 1942
263 App. Div. 1069 (N.Y. App. Div. 1942)

Opinion

March 27, 1942.

Present — Crosby, P.J., Taylor, Dowling, Harris and McCurn, JJ.


Judgment and order reversed on the law and facts, with costs, and complaint dismissed, with costs, on the ground that the finding that the defendant was negligent was contrary to and against the weight of the evidence. ( Higgins v. Mason, 255 N.Y. 104; Helton v. Prater's Adm'r., 272 Ky. 574; 114 S.W. [2d] 1120.) All concur, except Crosby, P.J., and Dowling, J., who dissent and vote for affirmance. (The judgment is for plaintiff in an action for damages arising out of the negligent condition of an automobile. The order denies defendant's motion for a new trial.)


Summaries of

Kelly v. Blendinger

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 27, 1942
263 App. Div. 1069 (N.Y. App. Div. 1942)
Case details for

Kelly v. Blendinger

Case Details

Full title:CECELIA D. KELLY, Respondent, v. RAYMOND BLENDINGER, Appellant

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

Date published: Mar 27, 1942

Citations

263 App. Div. 1069 (N.Y. App. Div. 1942)