# Brown v. Wagner

> Appellate Division of the Supreme Court of the State of New York · October 2, 1972 · 40 A.D.2d 674

URL: https://www.frixlaw.com/law-library/cases/5785260

## Case

- **Full name:** Carole J. Brown, an Infant, by Her Parent and Natural Guardian, Robert F. Brown v. Edward F. Wagner
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** October 2, 1972
- **Citations:** 40 A.D.2d 674; 336 N.Y.S.2d 215; 1972 N.Y. App. Div. LEXIS 3824
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5785260

## Opinion text

In a negligence action to recover damages for personal injuries, medical expenses, etc., plaintiffs appeal from a judgment of the Supreme Court, Queens County, entered May 28, 1971 in favor of defendant, upon the trial court’s dismissal of the complaint at the close of the case at a jury trial. Judgment reversed, on the law, and new trial granted, with costs to abide the event. The appeal did not present questions of fact. In our opinion there were questions of fact for the jury to determine (see Belcher v. Kesten, 30 N Y 2d 744, revg. 36 A D 2d 736). Martuscello, Acting P. J., Shapiro, Gulotta, Brennan and Benjamin, JJ., concur.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5785260. Public record. Not legal advice.