Legal Opinion

Tumbarello v. City of New York

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

Decided June 4, 1945PublishedCited by 6 opinions

1Opinion of the Court

Action by plaintiff husband to recover damages for personal injuries, and by plaintiff wife for property damage. Judgment reversed on the facts and a new trial granted, with costs to abide the event. Plaintiff husband, operating an automobile owned by plaintiff wife and in which he was alone at the time, about noon on a Sunday, was proceeding easterly along Metropolitan Avenue in the Borough of Queens. It had been raining the night before and on the morning *848of the accident, although the rain had stopped at about 11:30 a.m. The street was wet. A trolley, operated by an employee of defendant,…

2Cases cited2 opinions

  1. Thompson v. PetersonAppellate Division of the Supreme Court of the State of New York · 1912
  2. Rogers v. BurkeAppellate Division of the Supreme Court of the State of New York · 1930

3Cited by6 opinions

  1. O'Connor v. 595 Realty AssociatesAppellate Division of the Supreme Court of the State of New York · 1965
  2. Hamilton v. Presbyterian HospitalAppellate Division of the Supreme Court of the State of New York · 1966
  3. Ferrill v. Board of Education of Central School District No. 1Appellate Division of the Supreme Court of the State of New York · 1958
  4. Brust v. AsseltaAppellate Division of the Supreme Court of the State of New York · 1948
  5. Hamilton v. Presbyterian HospitalAppellate Division of the Supreme Court of the State of New York · 1965

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