Petersen v. Forty-Five Nevins Street Corp.
| Decision Date | 09 June 1966 |
| Docket Number | FORTY-FIVE |
| Citation | 271 N.Y.S.2d 311,17 N.Y.2d 885 |
| Parties | , 218 N.E.2d 343 John H. PETERSEN, Appellant, v.NEVINS STREET CORPORATION et al., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 22 A.D.2d 960, 256 N.Y.S.2d 113.
Wilson, Spiegelman & Sternin, Brooklyn (Harry A. Spiegelman, Bernard Meyerson, Brooklyn, of counsel), for plaintiff-appellant.
Terhune, Gibbons & Mulvehill, New York City (William J. Magee, James M. McLaughlin, Jr., New York City, of counsel), for defendants-respondents, Forty-Five Nevins St. Corp. and another.
Rudser & Fitzmaurice, New York City (William F. McNulty, New York City, of counsel), for defendant-respondent Seaberg Elevator Co. Negligence action to recover damages for personal injuries sustained by plaintiff in a building when he tripped and fell while alighting from a self-service elevator which had stopped below the floor level. The defendants were the building owner, the building agents, and the elevator maintenance company.
The Supreme Court, Trial Term, Kings County, Benjamin Brenner, J., 36 Misc.2d 178, 232 N.Y.S.2d 420, directed verdict in favor of the elevator maintenance company, dismissed the complaint against the building agent, and set aside the jury's verdict in the building owner's favor and directed a new trial as between the owner and plaintiff. The Trial Term held that evidence of plaintiff's prior falls would have been properly admissible to contradict evidence that plaintiff was capable of near normal movement despite his cerebral palsy condition and to permit jury to determine to what extent plaintiff's present incapacity was due to injuries sustained and to what extent to prior existing ailment, if prior falls had been properly connected to cerebral palsy condition, but in absence of such connection it was...
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Molinari v. Conforti & Eisele, Inc.
...26 A.D.2d 552, 271 N.Y.S.2d 106; Petersen v. Forty-Five Nevins Street Corp., 22 A.D.2d 960, 256 N.Y.S.2d 113, affd. 17 N.Y.2d 885, 271 N.Y.S.2d 311, 218 N.E.2d 343). Thus, the defense inquiry here regarding the nature and extent of the prior injury to plaintiff's left leg was Cross-examinat......
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Schwartz v. Maimonides Hospital Center
...(Petersen v. Forty-Five Nevins St. Corp., 36 Misc.2d 178, 232 N.Y.S.2d 420, mod. 22 A.D.2d 960, 256 N.Y.S.2d 113, affd. 17 N.Y.2d 885, 271 N.Y.S.2d 311, 218 N.E.2d 343). (3) The only eyewitness to the occurrence was plaintiff. Clearly, therefore, the jury, in judging her credibility, was en......
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Devine v. Keller
...concerning plaintiff's alleged damages (Petersen v. Forty-Five Nevins St. Corp., 22 A.D.2d 960, 256 N.Y.S.2d 113, affd. 17 N.Y.2d 885, 271 N.Y.S.2d 311, 218 N.E.2d 343; Bowers v. Johnson, 26 A.D.2d 552, 271 N.Y.S.2d 106). Further development of evidence of related physical condition should ......
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Bowe by Bowe v. City of New York
...Nevins Street Corp., 36 Misc.2d 178, 232 N.Y.S.2d 420, revd. on other grounds, 22 A.D.2d 960, 256 N.Y.S.2d 113, affd. 17 N.Y.2d 885, 271 N.Y.S.2d 311, 218 N.E.2d 343; Lipinsky v. City of New York, 8 A.D.2d 600, 185 N.Y.S.2d The plaintiffs' remaining contentions with respect to the trial cou......