Kaplan v. New Floridian Diner
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for personal injuries, the defendants appeal from a judgment of the Supreme Court, Kings County (Dowd, J.), dated June 17, 1996, which, upon a jury verdict finding them to be 100 percent at fault in the happening of the accident and awarding the plaintiff damages of $596,000, is in favor of the plaintiff and against them.
Ordered that the judgment is reversed, on the law, and a new trial is granted on both liability and damages, with costs to abide the event.
The plaintiff was injured when the ceiling of a diner in which he was eating fell on him. We find that…
2Cases cited6 opinions
- Kambat v. St. Francis HospitalNew York Court of Appeals · 1997
- Slater v. BarnesNew York Court of Appeals · 1925
- Dittiger v. Isal Realty Corp.New York Court of Appeals · 1943
- Roman v. McNultyAppellate Division of the Supreme Court of the State of New York · 1984
- Shinshine Corp. v. Kinney System, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
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