Legal Opinion

Charvala v. Kelly & Dutch Real Estate, Inc.

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

Decided June 16, 2000No. Appeal No. 2PublishedCited by 1 opinion

1Opinion of the Court

Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly denied defendant’s motion for a directed verdict or, in the alternative, an order setting aside the verdict as against the weight of the evidence. Contrary to defendant’s contention, plaintiff proved by a preponderance of the evidence that defendant’s negligence was a proximate cause of her injuries (see, Burgos v Aqueduct Realty Corp., 92 NY2d 544, 550). Plaintiff was employed at a store located on property owned and managed by defendant. Defendant required the employees of the store to park in a designated area,…

2Cases cited5 opinions

  1. Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
  2. Burgos v. Aqueduct Realty Corp.New York Court of Appeals · 1998
  3. Schneider v. Kings Highway Hospital Center, Inc.New York Court of Appeals · 1986
  4. Ingersoll v. Liberty Bank of BuffaloNew York Court of Appeals · 1938
  5. Barland v. Cryder House, Inc.Appellate Division of the Supreme Court of the State of New York · 1994

3Cited by1 opinion

  1. Morgan v. Windham Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2009

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