Legal Opinion
Schneider v. Kings Highway Hospital Center, Inc.
New York Court of Appeals
Decided February 19, 1986PublishedCited by 202 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, and a new trial granted.
To establish a prima facie case of negligence based wholly on circumstantial evidence, "[i]t is enough that [plaintiff] shows facts and conditions from which the negligence of the defendant and the causation of the accident by that negligence may be reasonably inferred” (Ingersoll v Liberty Bank, 278 NY 1, 7). The law does not require that plaintiff’s proof "positively exclude every other possible cause” of the accident but defendant’s negligence (ibid, [quoting Rosenberg…
2Cases cited9 opinions
- Ingersoll v. Liberty Bank of BuffaloNew York Court of Appeals · 1938
- Rosenberg v. SchwartzNew York Court of Appeals · 1932
- Spett v. President Monroe Building & Manufacturing Corp.New York Court of Appeals · 1967
- Markel v. SpencerAppellate Division of the Supreme Court of the State of New York · 1958
- Betzag v. Gulf Oil Corp.New York Court of Appeals · 1949
4 more not listed; retrieve them via the Exa API.
3Cited by202 opinions
- Burgos v. Aqueduct Realty Corp.New York Court of Appeals · 1998
- Bernstein v. City of New YorkNew York Court of Appeals · 1987
- Gayle v. City of New YorkNew York Court of Appeals · 1998
- Wilma Williams v. Kfc National Management CompanyCourt of Appeals for the Second Circuit · 2004
- Hartman v. Mountain Valley Brew Pub, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
197 more not listed; retrieve them via the Exa API.