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Mazzuka v. Long Island Rail Road

Appellate Division of the Supreme Court of New York, Second Department
Jan 28, 1980
73 A.D.2d 959 (N.Y. App. Div. 1980)

Opinion

January 28, 1980


In a wrongful death action, plaintiff appeals from a judgment of the Supreme Court, Nassau County, entered December 8, 1976 in favor of the defendants, upon the trial court's dismissal of the complaint at the close of the plaintiff's case, upon a jury trial. Judgment affirmed, without costs or disbursements. Although a plaintiff in a wrongful death action is entitled to the benefit of every favorable inference which can reasonably be drawn from the evidence (Swensson v. New York, Albany Desp. Co., 309 N.Y. 497), not every case raises a factual issue which must be submitted to the jury (Scurti v. City of New York, 40 N.Y.2d 433). Affording the instant plaintiff the benefit of every favorable and reasonable inference, there is no proof that the defendants were negligent. Furthermore, the facts clearly demonstrate that the decedent was contributorily negligent. Mangano, J.P., Rabin, Gulotta and Margett, JJ., concur.


Summaries of

Mazzuka v. Long Island Rail Road

Appellate Division of the Supreme Court of New York, Second Department
Jan 28, 1980
73 A.D.2d 959 (N.Y. App. Div. 1980)
Case details for

Mazzuka v. Long Island Rail Road

Case Details

Full title:JOSEPH MAZZUKA, as Administrator of the Estate of MARIE MAZZUKA, Deceased…

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

Date published: Jan 28, 1980

Citations

73 A.D.2d 959 (N.Y. App. Div. 1980)