1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 48 A.D.2d
  5. 48 A.D.2d 176 (1975)
 

HAWKINS v. UNTERBORN

48 A.D.2d 176 (1975)

Velma Hawkins, as Executrix of Orville C. Hawkins, Deceased, Respondent, v. Helen Unterborn, as Administratrix of The Estate of Luther T. Unterborn, Deceased, et al., Appellants. (Appeal No. 1.) Helen Unterborn, as Administratrix of The Estate of Luther T. Unterborn, Deceased, Appellant, v. Velma Hawkins, as Executrix of Orville C. Hawkins, Deceased, et al., Respondents, and Thomas Nesbitt, Respondent-Appellant. (Appeal No. 2.) Helen Unterborn, as Administratrix of The Estate of Luther T. Unterborn, Deceased, Appellant, v. Velma Hawkins, as Executrix of Orville C. Hawkins, Deceased, et al., Defendants, and Thomas Nesbitt, Respondent. (Appeal No. 3.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 30, 1975

Attorney(s) appearing for the Case

Johnson, Reif & Mullan, P.C. (Samuel G. Brundage and George A. Schell of counsel), for Thomas Nesbitt.

Samuel M. Hall (James F. Miller and Samuel F. Prato of counsel), for Helen Unterborn.

David A. Merkel and Stephen V. Lines for Velma Hawkins and another, respondents.

MOULE, J. P., SIMONS, MAHONEY and GOLDMAN, JJ., concur.

CARDAMONE, J.

The question raised on this appeal is whether it was proper for the trial court to dismiss the complaint of the estate in a wrongful death action at the close of its case on the grounds that decedent was contributorily negligent as a matter of law. We conclude that on the facts in this record it was not.

Briefly, on February 4, 1972 a snowy, blustery day decedent Unterborn was proceeding...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases