Cumbo v. Valente
Appellate Division of the Supreme Court of the State of New York
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
- Biener v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1975
3Cited by7 opinions
- Holiday v. Huntington HospitalAppellate Division of the Supreme Court of the State of New York · 1990
- Coffey v. CallichioAppellate Division of the Supreme Court of the State of New York · 1988
- Witherspoon v. Columbia UniversityAppellate Division of the Supreme Court of the State of New York · 2004
- Septoff v. La Shellda Maintenance Corp.Appellate Division of the Supreme Court of the State of New York · 1997
- Plunkett v. Emergency Medical ServiceNew York Supreme Court · 1995
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