Robertson v. Kenmore-Town of Tonawanda Union Free School District
Cases that cite this one
3 later published cases cite this decision.
- Allen v. Uni-First Corporation (Vt. 1988)
- Kosiorek v. Bethlehem Steel Corp. (Appellate Division of the Supreme Court of New York 1988)
- Harvey v. Suds N' Fluff Laundromat, Inc. (Appellate Division of the Supreme Court of New York 1993)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Judgment unanimously reversed, on the law, with costs, and a new trial granted. Memorandum: The trial court’s failure to include a reference to instructions and equipment in the written interrogatories given to the jury was erroneous in light of the court’s charge on those subjects. In our view this restricted the jury’s consideration, since the jury may have failed to consider grounds of liability as to which proof was presented by plaintiff (cf. Miocic v Winters, 66 AD2d 770, appeal dismissed 52 NY2d 896). This error was prejudicial and requires reversal and a new trial. We have considered plaintiff’s other claims and find them without merit. (Appeal from judgment of Supreme Court, Erie County, Joslin, J. — negligence.) Present— Callahan, J. P., Boomer, Green, O’Donnell and Pine, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.