Leone v. Rybar Realty Corp.
| Decision Date | 03 March 1958 |
| Citation | 5 A.D.2d 871,171 N.Y.S.2d 532 |
| Parties | John LEONE, Appellant, v. RYBAR REALTY CORP. and James V. Tomasello Sons, Inc., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Frank J. Pino, Brooklyn, for appellant.
Albert P. Thill, Brooklyn, for respondent James V. Tomasellor Sons, Inc. Henry J. O'Hagan, New York City, for respondent Rybar Realty Corp.
Before NOLAN, P. J., and WENZEL, UGHETTA, HALLINAN and KLEINFELD, JJ.
MEMORANDUM BY THE COURT.
In an action to recover damages for personal injuries, the appeal is (1) from a judgment entered on a jury verdict dismissing the complaint, and (2) from an order denying a motion to set aside the verdict and for a new trial.
Judgment unanimously affirmed, with costs.
The evidence fails to establish actionable negligence on the part of either of the respondents. Consequently errors, if any, in rulings or in the charge, or with respect to other occurrences during the trial, constitute no proper basis for reversal, as appeallant was not entitled to prevail in any event. Jacobs v. Jacobs, 252 App.Div. 794, 299 N.Y.S. 187; Posner v. Empire Trust Co., 275 App.Div. 1060, 92 N.Y.S.2d 199.
Appeal from order denying motion for a new trial dismissed. without costs.
No such order is printed in the record.
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...failed to establish a cause of action in negligence and would not be entitled to recover in any event (Leone v. Rybar Realty Corporation, 5 A.D.2d 871, 171 N.Y.S.2d 532). Plaintiffs' evidence in the light most favorable to them is as follows: The infant plaintiff, 9 1/2 years of age, was in......
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