Bruno v. Kosnac
| Decision Date | 25 April 1961 |
| Citation | 13 A.D.2d 650,213 N.Y.S.2d 784 |
| Parties | Ralph BRUNO, Plaintiff-Respondent, v. Fred KOSNAC and American Boat Cartage, Inc., Defendants-Appellants. |
| Court | New York Supreme Court — Appellate Division |
M. C. Gray, New York City, for defendants-appellants.
J. Steckler, New York City, for plaintiff-respondent.
Before McNALLY, J. P., and STEVENS, EAGER, STEUER and BERGAN, JJ.
Judgment in favor of plaintiff in the sum of $5,191 after a nonjury trial in an action for personal injuries based on an alleged assault, unanimously reversed, on the law, and on the facts, and the complaint dismissed, with costs to defendants-appellants. On the proof adduced the defendants are entitled to judgment. The testimony shows that it was the plaintiff who assaulted O'Rouke, age 60 years, an employee, now deceased, of the defendants, and that the assault was unjustified. Kosnac did not assault the plaintiff. On March 4, 1957, plaintiff, 41 years of age, 5 feet 10 inches tall, weighing 204 pounds, a former Golden Gloves boxer, skilled in the art of judo, a schizoid with paranoid trends with a low threshold of frustration, lost control of himself and without cause assaulted O'Rouke. The ensuing scuffle was brief and, to the chagrin of the plaintiff, O'Rouke effectively defended himself. The uncontradicted medical testimony is that plaintiff is a person with a personality disorder characterized by the development of suspicions into systematized delusions of persecution and grandeur built up in logical form. Plaintiff failed to establish his case by a fair preponderance of the credible testimony and the defendants were entitled to judgment dismissing the complaint. Under the provisions of subdivision 2 of section 584 of the Civil Practice Act, we should, on the appeal from a judgment rendered by the court without a jury, unless we affirm, grant the judgment which the court below ought to have granted. Bernardine v. City of New York, 294 N.Y. 361, 366, 62 N.E.2d 604, 605, 161 A.L.R.2d 364; York Mortgage Corp. v. Clotar Const. Corp., 254 N.Y. 128, 172 N.E. 265; Lamport v. Smedley, 213 N.Y. 82, 106 N.E. 922; Greater N. Y. Mutual Ins. Co. v. Perry, 6 A.D.2d 432, 178 N.Y.S.2d 760; Calabria v. City & Suburban Homes Co., 5 A.D.2d 983, 172 N.Y.S.2d 826, affirmed 5 N.Y.2d 918, 183 N.Y.S.2d 97; Margolies v. City of New York, 3 A.D.2d 734, 160 N.Y.S.2d 821; Gross v. Molmar Bus Transp. Co., 3 A.D.2d 703, 159 N.Y.S.2d 724; Mouren v. Great Atlantic & Pacific...
To continue reading
Request your trial
-
De Mayo v. Yates Realty Corp.
...213 N.Y. 82, 106 N.E. 922; McCarthy v. Port of New York Authority, 30 A.D.2d 111, 114, 290 N.Y.S.2d 255, 257--258; Bruno v. Kosnac, 13 A.D.2d 350, 213 N.Y.S.2d 784; Greater New York Mut. Ins. Co. v. Perry, 6 A.D.2d 432, 178 N.Y.S.2d 760; Margolies v. City of New York, 3 A.D.2d 734, 160 N.Y.......
-
Hacker v. City of New York
...upon the evidence, should have granted (Bernardine v. City of New York, 294 N.Y. 361, 62 N.E.2d 604, 161 A.L.R. 364; Bruno v. Kosnac, 13 A.D.2d 650, 213 N.Y.S.2d 784; Victor Catering Co. v. Nasca, 8 A.D.2d 5, 185 N.Y.S.2d 466; CPLR 5522). It is of course discretionary with this Court in a n......
-
Fernandez v. Jordan
...$13,500 and in favor of Antonio Fernandez in the sum of $1,500 pursuant to stipulation of the parties. See § 5522 CPLR; Bruno v. Kosnac, 13 A.D.2d 650, 213 N.Y.S.2d 784. Order ...
-
Levy v. Reilly
...a jury, should, so far as practicable, grant the motion for judgment which the Court below ought to have granted. (Bruno v. Kosnac, 13 A.D.2d 650, 213 N.Y.S.2d 784), the state of the record herein does not lend itself to this procedure. (Pordy v. Scot Service Co., Inc., 15 A.D.2d 911, 225 N......