Legal Opinion
Zellman v. Metropolitan Transportation Authority
Appellate Division of the Supreme Court of the State of New York
Decided November 9, 1981PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
COHALAN, J.
The plaintiff in this wrongful death and conscious pain and suffering action appeals from a judgment which dismissed the complaint at the close of plaintiff’s case and *145directed a jury verdict for the defendants. The dismissal was based on the contributory negligence of the deceased (plaintiff’s testator) as a matter of law.
The judgment should be reversed and the case remitted to the Supreme Court, Suffolk County, for a trial de novo, with costs to abide the event.
The facts show that on April 22,1970, at about 2:00 p.m., Robert Zellman, the deceased, a local…
2Cases cited14 opinions
- Noseworthy v. City of New YorkNew York Court of Appeals · 1948
- Sagorsky v. MalyonNew York Court of Appeals · 1954
- Dollard v. . RobertsNew York Court of Appeals · 1891
- De Wald v. SeidenbergNew York Court of Appeals · 1948
- Rugg v. StateAppellate Division of the Supreme Court of the State of New York · 1954
9 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Flynn v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
- Hanna v. StateAppellate Division of the Supreme Court of the State of New York · 1989
- Pollock v. Rapid Industrial Plastics Co.Appellate Division of the Supreme Court of the State of New York · 1985
- Prysock v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 1998