Legal Opinion
Zboray v. Fessler
Appellate Division of the Supreme Court of the State of New York
Decided October 2, 1989PublishedCited by 5 opinions
1Opinion of the Court
— In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Levitt, J.), dated March 14, 1988, which, upon an order granting the defendant’s motion pursuant to CPLR 4401 to dismiss the complaint at the close of the plaintiff’s direct case for failure to "prove a prima facie case”, dismissed the complaint "on the merits”.
Ordered that the judgment is reversed, on the law, and a new trial is granted on the issue of liability, with costs to abide the event.
While placing hay in a stall, the plaintiff was kicked by the…
2Cases cited8 opinions
- Blum v. Fresh Grown Preserve Corp.New York Court of Appeals · 1944
- Kraus v. . BirnbaumNew York Court of Appeals · 1910
- Glick v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1988
- Brophy v. Columbia County Agricultural SocietyAppellate Division of the Supreme Court of the State of New York · 1986
- Donohue v. LositoAppellate Division of the Supreme Court of the State of New York · 1988
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Wong v. TangAppellate Division of the Supreme Court of the State of New York · 2003
- Alicea v. LigouriAppellate Division of the Supreme Court of the State of New York · 2008
- Elias v. FerriAppellate Division of the Supreme Court of the State of New York · 2007
- Rotta v. FerreiraAppellate Division of the Supreme Court of the State of New York · 2005
- Young v. TirrellAppellate Division of the Supreme Court of the State of New York · 2003