Summary
In Lozier v. Lozier, 99 Ohio St. 254, 124 N.E. 167, is to be found further recognition of the right of a cestui que trust to alienate an income bequest.
Summary of this case from Gillogly, Admr. v. CampbellOpinion
December 15, 1997
Appeal from the Supreme Court, Orange County (Slobod, J.).
Ordered that the order is affirmed, without costs or disbursements.
The Supreme Court properly denied the motion and the cross motion. There are factual questions as to whether the plaintiff was negligent which mandate the denial of her motion ( see, Savone v. Donges, 122 A.D.2d 34; see generally, Rotuba Extruders v. Ceppos, 46 N.Y.2d 223). Further, contrary to the defendants' contention, the doctrine of "assumption of risk" does not bar the plaintiff's action as a matter of law ( see, Savone v. Donges, supra; see generally, Siegel v. City of New York, 90 N.Y.2d 471; cf., Morgan v. State of New York, 90 N.Y.2d 471).
Rosenblatt, J. P., Miller, Ritter and Florio, JJ., concur.