Lo Piccolo v. Knight of Rest Products Corp.
| Decision Date | 19 January 1961 |
| Parties | , 173 N.E.2d 51 Charles LO PICCOLO, Appellant, and Marcy Drucker et al., etc., Plaintiffs, v. KNIGHT OF REST PRODUCTS CORPORATION, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 7 A.D.2d 369, 183 N.Y.S.2d 301.
Action was brought for injury sustained in collision of trucks on slippery roadway.
The Supreme Court, New York County, Harold A. Stevens, J., granted motion of plaintiffs to set aside verdict for the defendant and for a new trial, and the defendant appealed.
The Appellate Division, Breitel, J., reversed the order on the law and the facts, reinstated the verdict in favor of the defendant, entered judgment dismissing the complaint and held that proof that defendant's truck sideswiped plaintiffs' truck suddenly and swung plaintiffs' truck around was not sufficient to establish a prima facie case for plaintiffs. McNally and Bergan, JJ., dissented.
One of the plaintiffs appealed to the Court of Appeals, and motion was made to have the appeal heard on six copies of the record before the Appellate Division and to dispense with printing of exhibits.
The Court of Appeals, 7 N.Y.2d 786, 194 N.Y.S.2d 521, granted motion to have the appeal heard on six copies of the record before the Appellate Division and to dispense with the printing of the exhibits.
Judgment affirmed, with costs. The jury's verdict in favor of defendant, absent a motion by plaintiff for a directed verdict, is upon this record conclusive against him; consequently, we need not here decide whether plaintiff had made out a prima facie case.
All concur.
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Johnson v. Foster
... ... 680, 40 So.2d 582 (1949); Lo Piccolo v. Knight of Rest Products Corp., 7 A.D.2d 369, 183 ... ...
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Evans v. SJ Groves & Sons Company
... ... Manshul Realty Corp., 271 App. Div. 222, 223, 63 N.Y.S.2d 1, 2 (1st Dept.), ... the First Department in a quite similar case, Lo Piccolo v. Knight of Rest Products Corp., 7 A.D.2d 369, 183 ... ...
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Braun v. Consolidated Edison Co. of New York
... ... See, also, Seidman v. M. & R. Air Conditioning Corp., 15 N.Y.2d 814, 257 N.Y.S.2d 935, 205 N.E.2d 859; Townes ... Although Con Ed did rest on the close of plaintiffs' case, there was a probing into ... recourse except to find in favor of plaintiff' (Lo Piccolo v. Knight of Rest Prods. Corp., 7 A.D.2d 369, 375, 183 ... ...
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Pretto v. Leiwant
... ... White Plains Express Corp., 17 N.Y.2d 132, 269 N.Y.S.2d 115, 216 N.E.2d 324; see, ... , 356 N.Y.S.2d 699, emphasis added; see, also, Lo Piccolo v. Knight of Rest Prods. Corp., 7 A.D.2d 369, 374, 183 ... ...