From Casetext: Smarter Legal Research

Ziegler v. Slattery Construction Corp.

Appellate Division of the Supreme Court of New York, Second Department
Sep 27, 1971
37 A.D.2d 782 (N.Y. App. Div. 1971)

Opinion

September 27, 1971


In a negligence action to recover damages for personal injuries, plaintiffs appeal from a judgment of the Supreme Court, Queens County, entered June 4, 1970, in favor of defendant Slattery Construction Corp. upon the trial court's dismissal of the complaint against said defendant at the end of plaintiffs' case at a jury trial of the issue of liability only. Judgment affirmed, without costs. A prima facie case of negligence on the part of defendant Slattery Construction Corp. has not been demonstrated. Hopkins, Acting P.J., Gulotta, Christ and Brennan, JJ., concur; Benjamin, J., dissents and votes to reverse the judgment and to grant a new trial on the ground that, in his opinion, a prima facie case was made out.


Summaries of

Ziegler v. Slattery Construction Corp.

Appellate Division of the Supreme Court of New York, Second Department
Sep 27, 1971
37 A.D.2d 782 (N.Y. App. Div. 1971)
Case details for

Ziegler v. Slattery Construction Corp.

Case Details

Full title:LENA ZIEGLER et al., Appellants, v. SLATTERY CONSTRUCTION CORP.…

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

Date published: Sep 27, 1971

Citations

37 A.D.2d 782 (N.Y. App. Div. 1971)