Croff v. Kearns.
| Decision Date | 29 May 1968 |
| Citation | 291 N.Y.S.2d 821,22 N.Y.2d 718,238 N.E.2d 927 |
| Parties | , 238 N.E.2d 927 Ernest G. CROFF, Respondent, v. J. J. KEARNS, Sr., d/b/a J. J. Kearns Agency, and J. J. Kearns, Sr., Individually, Appellants. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court Appellate Division, Third Department, 29 A.D.2d 703, 286 N.Y.S.2d 119.
Negligence action by trainee agent who fell on a stairway at the defendant agency's salesroom.
The Supreme Court, Trial Term, Albany County, John T. Casey, J., rendered judgment on verdict for plaintiff and the agency appealed.
The Appellate Division, Herlihy, J.P., held that testimony as to subsequent repairs to steps which were conceded by the agency to have been under its control was immaterial and irrelevant, and objections to such testimony should have been sustained, but permitting introduction of that testimony was not so prejudicial as to require new trial in view of the clear showing of negligent condition and charge advising jury that testimony was limited to issue of control, and affirmed the judgment, with two justices dissenting.
The defendant appealed to the Court of Appeals.
Order affirmed, with costs.
All concur.
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Klatz v. Armor Elevator Co., Inc.
...Term to Getty v. Town of Hamlin, 127 N.Y. 636, 27 N.E. 399, and Croff v. Kearns, 29 A.D.2d 703, 286 N.Y.S.2d 119, affd. 22 N.Y.2d 718, 291 N.Y.S.2d 821, 238 N.E.2d 927, for the proposition that subsequent service and repair records could not be By order entered December 9, 1981, Special Ter......
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...general validity and applicability of the rule. See, e.g., Croff v. Kearns, 29 A.D.2d 703, 286 N.Y.S.2d 119, affd., 22 N.Y.2d 718, 291 N.Y.S.2d 821, 238 N.E.2d 927 (1968). The arguments advanced by appellants are hardly of sufficient compelling force to persuade us that the New York Court o......
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... ... 382, 30 N.E. 240; Cahill v. Kleinberg, 233 N.Y. 255, 135 N.E. 323; Scudero v. Campbell, 288 N.Y. 328, 43 N.E.2d 66; Croff v. Kearns, 29 A.D.2d 703, 286 N.Y.S.2d 119, affd. 22 N.Y.2d 718, 291 N.Y.S.2d 821, 238 N.E.2d 927, supra; Barone v. 111 East 39th St. Corp., 38 ... ...
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Table of cases
...858 N.Y.S.2d 623 (4th Dept. 2008), § 1.305 Crisci v. Sadler, 253 A.D.2d 447, 676 N.Y.S.2d 646 (2d Dept. 1998), § 10:10 Croff v. Kearns., 22 N.Y.2d 718, 291 N.Y.S.2d 821 (1968), § 4:10 Cromp v. Ahluwalia, 43 A.D.3d 1389, 842 N.Y.S.2d 842 (4th Dept. 2007), § 16:117 Cross v. Cross, 108 N.Y. 62......
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Relevance & materiality
...67 N.Y.2d 219, 501 N.Y.S.2d 784 (1986). Similarly, evidence relating to a conceded element of a claim is immaterial. See Crof v. Kearns , 22 N.Y.2d 718, 291 N.Y.S.2d 821 (1968) (testimony about subsequent repairs to steps was immaterial and irrelevant since agency conceded steps were under ......
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Relevance & materiality
...67 N.Y.2d 219, 501 N.Y.S.2d 784 (1986). Similarly, evidence relating to a conceded element of a claim is immaterial. See Crof v. Kearns , 22 N.Y.2d 718, 291 N.Y.S.2d 821 (1968) (testimony about subsequent repairs to steps was immaterial and irrelevant since agency conceded steps were under ......
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Relevance & materiality
...67 N.Y.2d 219, 501 N.Y.S.2d 784 (1986). Similarly, evidence relating to a conceded element of a claim is immaterial. See Crof v. Kearns , 22 N.Y.2d 718, 291 N.Y.S.2d 821 (1968) (testimony about subsequent repairs to steps was immaterial and irrelevant since agency conceded steps were under ......