Legal Opinion
Trimarco v. Klein
New York Court of Appeals
Decided May 20, 1982PublishedCited by 81 opinions
1Opinion of the Court
*102OPINION OF THE COURT
Fuchsberg, J.
After trial by jury in a negligence suit for personal injuries, the plaintiff, Vincent N. Trimarco, recovered a judgment of $240,000. A sharply divided Appellate Division having reversed on the law and dismissed the complaint, our primary concern on this appeal is with the role of the proof plaintiff produced on custom and usage. The ultimate issue is whether he made out a case.
The controversy has its genesis in the shattering of a bathtub’s glass enclosure door in a multiple dwelling in July, 1976. Taking the testimony most favorably to the plaintiff, as we…
2Cases cited13 opinions
- Texas & Pacific Railway Co. v. BehymerSupreme Court of the United States · 1903
- Martin v. HerzogNew York Court of Appeals · 1920
- Ferrer v. HarrisNew York Court of Appeals · 1982
- Altz v. . LeibersonNew York Court of Appeals · 1922
- Shannahan v. . Empire Engineering Corp.New York Court of Appeals · 1912
8 more not listed; retrieve them via the Exa API.
3Cited by81 opinions
- Diaz v. New York Downtown HospitalNew York Court of Appeals · 2002
- Juarez v. Wavecrest Management Team Ltd.New York Court of Appeals · 1996
- Cover v. CohenNew York Court of Appeals · 1984
- Beard v. Goodyear Tire & Rubber Co.District of Columbia Court of Appeals · 1991
- German by German v. Federal Home Loan Mortg. Corp.District Court, S.D. New York · 1995
76 more not listed; retrieve them via the Exa API.