Gangone v. J. J. Newberry Co.

• Decision Date: 13 May 1963
• Citation: 19 A.D.2d 539,240 N.Y.S.2d 375
• Parties: Rose GANGONE and Anthony Gangone, Respondents, v. J. J. NEWBERRY CO., Inc., Appellant.
• Court: New York Supreme Court — Appellate Division

Page 375

240 N.Y.S.2d 375

19 A.D.2d 539

Rose GANGONE and Anthony Gangone, Respondents, v. J. J. NEWBERRY CO., Inc., Appellant.

Supreme Court, Appellate Division, Second Department.

May 13, 1963.

Albert P. Thill, Brooklyn, for appellant.

Samuel Kaufman, New York City, for respondents; Louis Feren, New York City, of counsel.

Before UGHETTA, Acting P. J., and KLEINFELD, BRENNAN, RABIN and HOPKINS, JJ.

MEMORANDUM BY THE COURT.

In a negligence action to recover damages for personal injury, medical expenses and loss of services, defendant appeals from a judgment of the Supreme Court, Kings County, entered September 12, 1962 after trial, on a jury verdict in favor of the plaintiffs.

Judgment reversed on the law and new trial granted, with costs to abide the event. The court has considered the questions of facts and has determined that it would not grant a new trial upon those questions.

In our opinion it was error of law to refuse to permit the plaintiff to state that a portion of the step crumbled when she stepped on it. It is also our opinion that the charge as a whole was obscure and inadequately stated the issues and the applicable law (cf. Logan v. Jackson, 1 A.D.2d 146, 148 N.Y.S.2d 466).