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Sheingold v. Behrens

Appellate Division of the Supreme Court of New York, Second Department
Feb 21, 1949
275 App. Div. 686 (N.Y. App. Div. 1949)

Opinion

February 21, 1949.

Present — Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ. [See post, pp. 710, 770.]


On the court's own motion the decision handed down February 7, 1949 ( ante, p. 671), is amended to read as follows: Action to recover damages for personal injuries claimed to have been sustained by plaintiff by reason of the alleged negligence of defendant, plaintiff's daughter, in the maintenance on defendant's property of a wire which caused plaintiff to fall. The Trial Justice set aside a verdict for plaintiff and ordered a new trial because the jury was permitted to determine, on the evidence, that plaintiff was a business visitor and not a licensee. Order setting aside verdict, insofar as appealed from, unanimously affirmed, with costs. The plaintiff was a social visitor and a licensee. ( Roth v. Prudential Life Ins. Co. of America, 266 App. Div. 872; Comeau v. Comeau, 285 Mass. 578; Restatement, Torts, §§ 331, 332.) Order denying plaintiff's motion for permission to serve a second amended complaint unanimously affirmed, with $10 costs and disbursements. There was no abuse of discretion in the refusal to permit plaintiff to serve a second amended complaint alleging matters purely of evidence.


Summaries of

Sheingold v. Behrens

Appellate Division of the Supreme Court of New York, Second Department
Feb 21, 1949
275 App. Div. 686 (N.Y. App. Div. 1949)
Case details for

Sheingold v. Behrens

Case Details

Full title:ABRAHAM SHEINGOLD, Appellant, v. THERESA BEHRENS, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 21, 1949

Citations

275 App. Div. 686 (N.Y. App. Div. 1949)

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