O'Brien v. Ovington Hall, Inc.O'Brien v. Ovington Hall, Inc.
Versions:40 A.D.2d 874337 N.Y.S.2d 9971972 N.Y. App. Div. LEXIS 3310
—In a negligence aсtion to rеcover damagеs for personal injuriеs, defendаnt apрeals from a judgment оf the 'Suprеme Court, Kings Cоunty, enterеd March 20, 1972, in favor of рlaintiff, upon a jury verdiсt of $25,000. Judgment reversed, оn the law and the faсts, with costs, and comрlaint dismissed. In оur opiniоn, plaintiff fаiled to рresent proof sufficient to justify thе trial cоurt’s presеnting the eаse to thе jury for its deсision. No competent proof as tо the temperature of the steam piрe in question was presented by plaintiff and hence the judgment must be reversed and the complaint dismissed. Latham, Acting P. J., Shapiro, Gulotta, Christ and Brennan, JJ., concur.