TRIMARCO v. KLEIN


56 N.Y.2d 98 (1982)

Vincent N. Trimarco et al., Appellants, v. Irving Klein et al., Individually and as Copartners Doing Business as Glenbriar Company, Respondents.

Court of Appeals of the State of New York.

Decided May 20, 1982.


Attorney(s) appearing for the Case

Thomas R. Newman, L. Kevin Sheridan and Louis G. Adolfsen for appellants.

Norman H. Dachs for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER concur.


FUCHSBERG, J.

After trial by jury in a negligence suit for personal injuries, the plaintiff, Vincent N. Trimarco, recovered a judgment of $240,000. A sharply divided Appellate Division having reversed on the law and dismissed the complaint, our primary concern on this appeal is with the role of the proof plaintiff produced on custom and usage. The ultimate issue is whether he made out a case.

The controversy...

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