Yearke v. Zarcone
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSimons, J.
Plaintiff was injured when he fell while descending a short redwood ladder from the deck of defendants Zarcones’ backyard swimming pool. The pool was under construction at the time and the ladder was in place but unattached to the pool. The jury found in defendants’ favor and in response to a special interrogatory by the court specifically found defendants free of negligence. It may be inferred that the jury also found the plaintiff free of fault because the court instructed the jury not to answer the interrogatory with respect to defendants until it had first found plaintiff free of…
2Cases cited12 opinions
- Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
- Codling v. PagliaNew York Court of Appeals · 1973
- Koenig v. Patrick Construction Corp.New York Court of Appeals · 1948
- Major v. Waverly & Ogden, Inc.New York Court of Appeals · 1960
- Rainbow v. Albert Elia Building Co.Appellate Division of the Supreme Court of the State of New York · 1975
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3Cited by29 opinions
- Mordkofsky v. V.C.V. Development Corp.New York Court of Appeals · 1990
- Whelen v. Warwick Valley Civic & Social ClubNew York Court of Appeals · 1979
- Stringer v. MusacchiaNew York Court of Appeals · 2008
- Lee v. JonesAppellate Division of the Supreme Court of the State of New York · 1997
- Smith v. Hooker Chemical & Plastics Corp.Appellate Division of the Supreme Court of the State of New York · 1981
24 more not listed; retrieve them via the Exa API.