Legal Opinion
Hannon v. Dunkirk Motor Inn, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided November 16, 1990No. Appeal No. 1PublishedCited by 10 opinions
1Opinion of the Court
Judgment unanimously reversed on the law with costs and new trial granted. Memorandum: On this appeal by plaintiffs from a judgment entered upon a jury verdict finding no cause for action on plaintiffs’ slip-and-fall claim, plaintiffs contend that the court erred in denying their motion for a mistrial and their posttrial motion to set aside the verdict on the ground of unfair surprise, and that the court’s instructions attempting to remedy the surprise were erroneous. Plaintiffs are entitled to a new trial. CPLR 4402 and 4404 authorize the court to grant a new trial in the interest of…
2Cases cited3 opinions
- Cohn v. MeyersAppellate Division of the Supreme Court of the State of New York · 1986
- Reome v. Cortland Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1989
- Xavier v. GrunbergAppellate Division of the Supreme Court of the State of New York · 1979
3Cited by10 opinions
- State v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2016
- Andree v. Winthrop University HospitalAppellate Division of the Supreme Court of the State of New York · 2000
- Everding v. BombardAppellate Division of the Supreme Court of the State of New York · 2000
- Stock v. BaumgartenAppellate Division of the Supreme Court of the State of New York · 1995
- Mehar v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
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