Legal Opinion

Cumbo v. Valente

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

Decided March 17, 1986PublishedCited by 7 opinions

1Opinion of the Court

— In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Kings County (Jordan, J.), dated June 18, 1984, which, upon a jury verdict, was in favor of the defendant.

Judgment reversed, on the law and as a matter of discretion, and a new trial granted, with costs to abide the event.

It is well settled that a charge that confuses and creates doubts as to the principles of law to be applied requires a new trial; a charge must not contain contradictory and inadequate statements of law (see, Biener v City of New York, 47 AD2d 520).…

2Cases cited1 opinion

  1. Biener v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1975

3Cited by7 opinions

  1. Holiday v. Huntington HospitalAppellate Division of the Supreme Court of the State of New York · 1990
  2. Coffey v. CallichioAppellate Division of the Supreme Court of the State of New York · 1988
  3. Witherspoon v. Columbia UniversityAppellate Division of the Supreme Court of the State of New York · 2004
  4. Septoff v. La Shellda Maintenance Corp.Appellate Division of the Supreme Court of the State of New York · 1997
  5. Plunkett v. Emergency Medical ServiceNew York Supreme Court · 1995

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