Appellate Division of the Supreme Court of New York, 1973

Monteith v. Santarpia

Monteith v. Santarpia
Appellate Division of the Supreme Court of New York · Decided April 23, 1973
41 A.D.2d 826; 343 N.Y.S.2d 562; 1973 N.Y. App. Div. LEXIS 4644
Monteith v. Santarpia

Opinion of the Court

Judgment, Supreme Court, New York County, entered July 31, 1972, so far as appealed from, adjudging that the defendant Gennaro Santarpia have judgment against the plaintiffs, unanimously affirmed, without costs and without disbursements. In view of the lack of evidence regarding defendant Santarpia’s negligence, the complained of defect in the charge does not require that the jury’s verdict for defendant be disturbed. Concur — Markewich, J. P., Kupferman, Lane and Capozzoli, JJ.

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