Barcelo v. Horn & Hardart Co.

Appellate Division of the Supreme Court of New York

Barcelo v. Horn & Hardart Co.

7 A.D.2d 725, 181 N.Y.S.2d 545, 1958 N.Y. App. Div. LEXIS 3849

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

DecidedDecember 16, 1958

StatusPublished

This text of 7 A.D.2d 725 (Barcelo v. Horn & Hardart Co.) 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

Barcelo v. Horn & Hardart Co., 7 A.D.2d 725, 181 N.Y.S.2d 545, 1958 N.Y. App. Div. LEXIS 3849 (N.Y. Ct. App. 1958).

Pincite

Opinion

As plaintiff came out of an Automat he fell over a “ Danger ” sign [726]*726on the sidewalk near the entrance. The conclusion implicit in the verdict, that the sign was not placed on the job in the manner required by the provisions of section B26-31.0 of the Administrative Code, was contrary to the weight of the credible evidence. The judgment appealed from should be modified, on the law and on the facts, to the extent of vacating the judgment and ordering a new trial as against the defendant Harlem River Truckmen & Riggers, Inc., with costs to abide the event and, as so modified, affirmed. Concur — Botein, P. J., Rabin, M. M, Frank, Valente and Stevens, JJ.

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As plaintiff came out of an Automat he fell over a “ Danger ” sign [726]*726on the sidewalk near the entrance. The conclusion implicit in the verdict, that the sign was not placed on the job in the manner required by the provisions of section B26-31.0 of the Administrative Code, was contrary to the weight of the credible evidence. The judgment appealed from should be modified, on the law and on the facts, to the extent of vacating the judgment and ordering a new trial as against the defendant Harlem River Truckmen & Riggers, Inc., with costs to abide the event and, as so modified, affirmed. Concur — Botein, P. J., Rabin, M. M, Frank, Valente and Stevens, JJ.

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Bluebook (online)

7 A.D.2d 725, 181 N.Y.S.2d 545, 1958 N.Y. App. Div. LEXIS 3849, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barcelo-v-horn-hardart-co-nyappdiv-1958.