Legal Opinion

Marcario v. City of New York

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

Decided March 19, 1951PublishedCited by 5 opinions

1Opinion of the Court

In a negligence action where the proof adduced on behalf of plaintiffs, the driver of and passenger on a motorcycle, respectively, is to the effect that they catapulted into a ditch when the lane on a highway on which they were proceeding terminated abruptly and without warning, the jury rendered a verdict in favor of plaintiffs, but upon motion of defendant the verdict was set aside and the complaint dismissed. Judgment dismissing the complaint reversed on the law and the facts, with costs, defendant’s motion denied, the verdict for plaintiffs reinstated, and judgment directed to be entered…

2Cases cited5 opinions

  1. Rivero v. City of New YorkNew York Court of Appeals · 1943
  2. Coleman v. Brooklyn & Queens Transit Corp.Appellate Division of the Supreme Court of the State of New York · 1937
  3. Wager v. StateAppellate Division of the Supreme Court of the State of New York · 1939
  4. Schill v. StateAppellate Division of the Supreme Court of the State of New York · 1939
  5. Graf v. StateNew York Court of Appeals · 1941

3Cited by5 opinions

  1. Mysliwiec v. W. Lowenthal Co.Appellate Division of the Supreme Court of the State of New York · 1952
  2. Harrow v. StateAppellate Division of the Supreme Court of the State of New York · 1964
  3. Harrow v. StateNew York Court of Claims · 1962
  4. Holpp v. CarafaAppellate Division of the Supreme Court of the State of New York · 1959
  5. Harrow v. StateAppellate Division of the Supreme Court of the State of New York · 1964

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