Legal Opinion

Fortgang v. Chase Manhattan Bank

Appellate Division of the Supreme Court of the State of New York

Decided May 6, 1968Published

1Opinion of the Court

In a negligence action to recover damages for personal injury and loss of services, etc., defendants appeal from an interlocutory judgment of the 'Supreme Court, Westchester County, entered October 2, 1967, in favor of plaintiffs on the issue of liability, upon a jury verdict. Judgment reversed, on the law and the facts, without costs, and complaint dismissed on the law, without costs. In our opinion, plaintiffs failed to establish that defendants had not exercised reasonable care in the maintenance of the premises under the weather conditions prevailing at the time of the accident (cf.…

2Cases cited5 opinions

  1. Miller v. Gimbel Bros., Inc.New York Court of Appeals · 1933
  2. Antenen v. New York Telephone CompanyNew York Court of Appeals · 1936
  3. Spaulding v. ChristakosAppellate Division of the Supreme Court of the State of New York · 1945
  4. Spaulding v. ChristakosNew York Court of Appeals · 1946
  5. Scott v. United StatesDistrict Court, N.D. New York · 1957

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