Legal Opinion
Morgan v. Good Humor Corp.
Appellate Division of the Supreme Court of the State of New York
Decided September 20, 1976PublishedCited by 2 opinions
1Opinion of the Court
In a negligence action to recover damages for personal injuries, defendants appeal from an interlocutory judgment of the Supreme Court, Nassau County, entered February 5, 1976, which, after a jury trial on the issue of liability only, (1) is in favor of plaintiff against them and (2) apportioned liability between them. Interlocutory judgment affirmed, with one bill of costs against appellants jointly. In our opinion, the trial court did not err in granting plaintiff’s motion to conform the pleadings to the proof and in charging the doctrine of res ipsa loquitur to the jury (see Abbott v Page…
2Cases cited6 opinions
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- Thompson-Starrett Co. v. Otis Elevator Co.New York Court of Appeals · 1936
- Corcoran v. Banner Super Market, Inc.New York Court of Appeals · 1967
- Abbott v. Page Airways, Inc.New York Court of Appeals · 1969
- Jerry v. Borden Co.Appellate Division of the Supreme Court of the State of New York · 1974
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3Cited by2 opinions
- Asian Vegetable Research & Development Center v. Institute of International EducationDistrict Court, S.D. New York · 1996
- Travelers Indemnity Co. v. AMR Services Corp.District Court, S.D. New York · 1996