Opinion · Nylaw New York

CLARK v. IDA MARTH, 270 App. Div. 895 (1946)

MARIE T. CLARK, Respondent, v. IDA MARTH, Appellant., 270 A.D. 895 (Appellate Division of the Supreme Court of New York, Second Department. 1946)

Type: Opinion
Court: Nylaw New York
Jurisdiction: Nylaw
Date: 1946-04-01
Topic: general

CLARK v. IDA MARTH, 270 App. Div. 895 (1946) MARIE T. CLARK, Respondent, v. IDA MARTH, Appellant.Appellate Division of the Supreme Court of New York, Second Department.

Citator

UpLaw has not yet analyzed CLARK v. IDA MARTH, 270 App. Div. 895 (1946). The absence of a flag is not a finding that it is good law.

CLARK v. IDA MARTH,270 App. Div. 895(1946)

MARIE T. CLARK, Respondent, v. IDA MARTH, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

April 1, 1946.

In an action to recover damages for personal injuries alleged to have been caused by the negligence of the appellant in failing to light the hallway of a multiple dwelling, judgment in favor of plaintiff reversed on the law and the facts and a new trial granted, with costs to the appellant to abide the event. The repeated introduction of improper evidence as to plaintiff's loss of her employment and subsequent loss of income, and the reference thereto by plaintiff's attorney during his summation, were erroneous and prejudicial. In view of the sharp issue of fact, we are unable to say that the substantial rights of the appellant were not affected. Lewis, P.J., Johnston, Adel, Aldrich and Nolan, JJ., concur.