Legal Opinion
Kennard v. Housing Associates, Inc.
New York Supreme Court
Decided January 4, 1961PublishedCited by 4 opinions
1Opinion of the CourtBernard S. Meyer, J.
These motions raise questions concerning (1) the effect of special jury findings, made pursuant to direction given under subdivision 5 of section 193-a of the Civil Practice Act, on cross claims being tried before the court without a jury and (2) the construction of the last sentence of section 459 of the Civil Practice Act, which provides that: ‘1 Where a special finding is inconsistent with a general verdict, the former controls the latter, and the court must render judgment accordingly.” The consolidated actions here involved seek damages for wrongful death, damages for personal injuries,…
2Cases cited27 opinions
- Walker v. New Mexico & Southern Pacific RailroadSupreme Court of the United States · 1897
- Schwartz v. Merola Bros. Construction Corp.New York Court of Appeals · 1943
- Pangburn v. . Buick Motor Co.New York Court of Appeals · 1914
- Warner v. . New York Central R.R. Co.New York Court of Appeals · 1873
- Nichols v. Clark, MacMullen & Riley, Inc.New York Court of Appeals · 1933
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3Cited by4 opinions
- Schabe v. Hampton Bays Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 1984
- Kennard v. Welded Tank & Construction Co.New York Court of Appeals · 1969
- Novo Corp. v. Consolidated Edison Co.Appellate Division of the Supreme Court of the State of New York · 1976
- Kennard v. Welded Tank & Construction Co.New York Court of Appeals · 1969