Legal Opinion

Leven v. Tallis Department Store, Inc.

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

Decided December 9, 1991PublishedCited by 14 opinions

1Opinion of the Court

In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Queens County (Dunkin, J.), entered February 28, 1990, which, upon a jury verdict, is in favor of the defendant and against them dismissing the complaint.

Ordered that the judgment is reversed, on the law, and a new trial is granted, with costs to abide the event.

The trial court committed reversible error in refusing the plaintiffs’ request for a missing witness charge (1 PJI 1:75) as to the defendant’s employees and the co-owner of the defendant store, who were…

2Cases cited11 opinions

  1. People v. GonzalezNew York Court of Appeals · 1986
  2. People v. KitchingNew York Court of Appeals · 1991
  3. Wilson v. BodianAppellate Division of the Supreme Court of the State of New York · 1987
  4. Chandler v. FlynnAppellate Division of the Supreme Court of the State of New York · 1985
  5. Alberti v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1889

6 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Niles v. StateAppellate Division of the Supreme Court of the State of New York · 1994
  2. Jackson v. County of SullivanAppellate Division of the Supreme Court of the State of New York · 1996
  3. Truesdell v. Rite Aid of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
  4. Arpino v. LombardoAppellate Division of the Supreme Court of the State of New York · 1995
  5. People v. MixonAppellate Division of the Supreme Court of the State of New York · 1994

9 more not listed; retrieve them via the Exa API.

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