Bailey v. Lipshutz

Appellate Division of the Supreme Court of New York

Bailey v. Lipshutz

274 A.D. 887, 82 N.Y.S.2d 274, 1948 N.Y. App. Div. LEXIS 3903

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 4, 1948

StatusPublished

This text of 274 A.D. 887 (Bailey v. Lipshutz) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bailey v. Lipshutz, 274 A.D. 887, 82 N.Y.S.2d 274, 1948 N.Y. App. Div. LEXIS 3903 (N.Y. Ct. App. 1948).

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Opinion

In an action to recover damages for personal injuries suffered by plaintiff wife when she fell into a window well because of the collapse of an iron grating which covered it, and by her husband for expenses and loss of services, judgment for plaintiffs, entered on the verdict of a jury, reversed on the law, with costs, and the complaint dismissed on the law, with costs. The findings of fact implicit in the verdict are affirmed. The injured plaintiff was at most a bare licensee at the place where she fell. Under the circumstances, plaintiffs failed to establish actionable negligence on the part of defendants. (Gillen v. Home Owners’ Loan Corp., 287 N. Y. 781; Higgins v. Mason, 255 N. Y. 104, 109; Vaughan v. Transit Development Co., 222 N. Y. 79.) Johnston, Acting P. J., Adel, Nolan, Sneed and Wenzel, JJ., concur. [See post, p. 942.]

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In an action to recover damages for personal injuries suffered by plaintiff wife when she fell into a window well because of the collapse of an iron grating which covered it, and by her husband for expenses and loss of services, judgment for plaintiffs, entered on the verdict of a jury, reversed on the law, with costs, and the complaint dismissed on the law, with costs. The findings of fact implicit in the verdict are affirmed. The injured plaintiff was at most a bare licensee at the place where she fell. Under the circumstances, plaintiffs failed to establish actionable negligence on the part of defendants. (Gillen v. Home Owners’ Loan Corp., 287 N. Y. 781; Higgins v. Mason, 255 N. Y. 104, 109; Vaughan v. Transit Development Co., 222 N. Y. 79.) Johnston, Acting P. J., Adel, Nolan, Sneed and Wenzel, JJ., concur. [See post, p. 942.]

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Bluebook (online)

274 A.D. 887, 82 N.Y.S.2d 274, 1948 N.Y. App. Div. LEXIS 3903, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bailey-v-lipshutz-nyappdiv-1948.

Opinion

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