Angelson v. New York Rapid Transit Corp.

Appellate Division of the Supreme Court of New York

Angelson v. New York Rapid Transit Corp.

240 A.D. 907

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1933·Published·Cited by 3 cases

Opinion

Order on reargument, so far as appealed from, reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs; the examination to proceed on five days’ notice to the defendant. In our opinion, evidence of prior, similar accidents at the place in question and [908]*908knowledge thereof on the part of the defendant is relevant and material to plaintiffs’ ease to show a manifestly dangerous condition and defendant’s knowledge and notice thereof, and they are entitled to an examination of the defendant upon those matters. Lazansky, P. J., Young, Kapper, Carswell and Tompkins, JJ., concur. [See

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Order on reargument, so far as appealed from, reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs; the examination to proceed on five days’ notice to the defendant. In our opinion, evidence of prior, similar accidents at the place in question and [908]*908knowledge thereof on the part of the defendant is relevant and material to plaintiffs’ ease to show a manifestly dangerous condition and defendant’s knowledge and notice thereof, and they are entitled to an examination of the defendant upon those matters. Lazansky, P. J., Young, Kapper, Carswell and Tompkins, JJ., concur. [See

Angelson v. New York Rapid Transit Corp., 240 A.D. 907 (N.Y. Ct. App. 1933).

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Opinion

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