Legal Opinion · Dissent
Carpino v. Baker
Appellate Division of the Supreme Court of the State of New York
Decided April 22, 1980Published
1Dissent
Murphy, P. J. (dissenting).
The evidence presented at this second trial was substantially the same as that presented at the first trial (66 AD2d 201). *542Upon the prior appeal, I voted with the majority in finding that the Trial Justice should not have dismissed this case as a matter of law. Upon further reflection on this second appeal, I am now of the opinion that this action, based upon a 1972 occurrence (CPLR 1413), must be dismissed because the decedent was contributorily negligent as a matter of law. For purposes of discussion, the evidence will be viewed most favorably to the plaintiff. It…
2Cases cited12 opinions
- Basso v. MillerNew York Court of Appeals · 1976
- Noseworthy v. City of New YorkNew York Court of Appeals · 1948
- Barry v. New York Central & Hudson River RailroadNew York Court of Appeals · 1883
- Wadsworth v. Delaware, Lackawanna & Western River RailroadNew York Court of Appeals · 1947
- Zambardi v. South Brooklyn Railway Co.New York Court of Appeals · 1939
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