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Lugert v. Cohen

Court of Appeals of the State of New York
Oct 19, 1951
101 N.E.2d 760 (N.Y. 1951)

Opinion

Argued October 8, 1951

Decided October 19, 1951

Appeal from the Supreme Court, Appellate Division, Third Department, SCHIRICK, J.

William E.J. Connor for George A. Lugert and another, appellants-respondents.

R. Waldron Herzberg and R. Monell Herzberg for William C. Hawver, Jr., appellant.

John J. Scully for Sam Cohen, respondent.

Bruce R. Sullivan for Senak Co., respondent.


Judgments of the Appellate Division, insofar as they affirmed the judgments in favor of plaintiffs against the defendant Hawver, Jr., affirmed, with costs to the plaintiffs. Judgments of the Appellate Division, insofar as they reversed the judgments of the Trial Term and dismissed the complaints as to the defendants Cohen and Senak Co., reversed upon the ground that there was evidence of negligence upon the part of those defendants that was proper for submission to the jury, and as to those defendants case remitted to the Appellate Division for determination of the questions of fact, pursuant to sections 602 and 606 of the Civil Practice Act, with costs to abide the event. No opinion.

Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ.


Summaries of

Lugert v. Cohen

Court of Appeals of the State of New York
Oct 19, 1951
101 N.E.2d 760 (N.Y. 1951)
Case details for

Lugert v. Cohen

Case Details

Full title:GEORGE A. LUGERT, Appellant and Respondent, v. SAM COHEN et al.…

Court:Court of Appeals of the State of New York

Date published: Oct 19, 1951

Citations

101 N.E.2d 760 (N.Y. 1951)
101 N.E.2d 760

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