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Epstein v. Cohen

Court of Appeals of the State of New York
Jun 4, 1942
43 N.E.2d 56 (N.Y. 1942)

Opinion

Submitted March 12, 1942

Decided June 4, 1942

Appeal from the Supreme Court, Appellate Division, First Department, LEARY, J.

Alvin C. Cass and Jacques W. Bacal for appellant. James J. McLoughlin, Robert F. White and John J. Kirwan for respondent.


The case of Galbraith v. Busch ( 267 N.Y. 230) would be determinative of the instant action were it not for the statement claimed to have been made by defendant to plaintiff. The jury could have found that it constituted an admission of negligence and thus, with the other evidence, established plaintiff's cause of action. The court in its charge made no reference to the statement and when requests to charge were made, declined to permit it to be considered by the jury in determining the question of defendant's negligence. That was error requiring reversal. ( Gangi v. Fradus, 227 N.Y. 452, 456; Koester v. Rochester Candy Works, 194 N.Y. 92, 97.)

The judgments should be reversed and a new trial granted, with costs in all courts to abide the event.

LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ., concur.

Judgments reversed, etc.


Summaries of

Epstein v. Cohen

Court of Appeals of the State of New York
Jun 4, 1942
43 N.E.2d 56 (N.Y. 1942)
Case details for

Epstein v. Cohen

Case Details

Full title:MILTON EPSTEIN, Appellant, v. HARRY L. COHEN, Respondent

Court:Court of Appeals of the State of New York

Date published: Jun 4, 1942

Citations

43 N.E.2d 56 (N.Y. 1942)
43 N.E.2d 56

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