Legal Opinion
Nucci v. Warshaw Construction Corp.
New York Court of Appeals
Decided October 25, 1962PublishedCited by 11 opinions
1Opinion of the CourtBueke, J.
This case was tried upon the theory of negligence. The principal question is whether the trial court erred in submitting the case to the jury.
We are persuaded that it was error to deny the motion to dismiss the complaint as the evidence fails to establish actionable negligence and in fact shows that plaintiff was negligent.
Plaintiff is a construction inspector employed in the track division of the New York City Transit Authority. His duties required him to inspect newly laid tracks and, on December 20, 1955, he was engaged in such an inspection with his partner, Lough. At one point the tracks…
2Cases cited5 opinions
- Martocci v. Greater New York Brewery, Inc.New York Court of Appeals · 1950
- New Era Homes Corp. v. ForsterNew York Court of Appeals · 1949
- Shields v. . Van Kelton Amusement Corp.New York Court of Appeals · 1920
- Utica Mutual Insurance v. Amsterdam Color Works, Inc.Appellate Division of the Supreme Court of the State of New York · 1954
- Utica Mutual Insurance v. Amsterdam Color Works, Inc.New York Court of Appeals · 1955
3Cited by11 opinions
- National Utility Service, Inc. v. Whirlpool CorporationCourt of Appeals for the Second Circuit · 1963
- Ward v. StateNew York Court of Claims · 1975
- Cohen v. Daughters of Sarah Nursing Home Co.Appellate Division of the Supreme Court of the State of New York · 1981
- Humphries v. Consolidated Edison Co.District Court, S.D. New York · 1969
- Politzer v. StateAppellate Division of the Supreme Court of the State of New York · 1963
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