Corcoran v. Banner Super Market, Inc.
| Decision Date | 14 February 1968 |
| Citation | 21 N.Y.2d 793,288 N.Y.S.2d 484,235 N.E.2d 455 |
| Parties | , 235 N.E.2d 455 Olga CORCORAN, Appellant, v. BANNER SUPER MARKET, INC., et al., Executors of the Last Will and Testament of Margaret L. Kane, Deceased, Respondents. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 25 A.D.2d 496, 268 N.Y.S.2d 981.
Pedestrian brought action against executors of deceased owner of realty and lessee for injuries sustained by pedestrian when struck by falling board.
The Supreme Court, Trial Term, Kings County, entered a judgment adverse to the pedestrian.
The Appellate Division, 25 A.D.2d 496, 268 N.Y.S.2d 981, affirmed the judgment.
The Appellate Division, 25 A.D.2d 721, 269 N.Y.S.2d 684, granted leave to pedestrian to appeal to the Court of Appeals.
The Court of Appeals, 19 N.Y.2d 425, 280 N.Y.S.2d 385, 227 N.E.2d 304, modified the order of the Appellate Division by reversing so much of the order as affirmed the judgment of the Special Term dismissing the complaint against the defendant executors and ordered a new trial.
Motion was made in the Court of Appeals to amend the remittitur.
Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended to read as follows: Order modified by reversing so much thereof as affirmed the judgment of Trial Term which dismissed, with costs, the complaint against defendants executors, said judgment vacated and a new trial granted, with costs to abide the event. As so modified, the order is affirmed with costs. to defendant Banner Super Market, Inc.
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