Home/Appellate Division of the Supreme Court of New York/Bressler v. Rule Realty Co.

Bressler v. Rule Realty Co.

219 A.D. 529, 220 N.Y.S. 461, 1927 N.Y. App. Div. LEXIS 10959
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 4, 1927
StatusPublished
Cited by12 cases

This text of 219 A.D. 529 (Bressler v. Rule Realty 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
Bressler v. Rule Realty Co., 219 A.D. 529, 220 N.Y.S. 461, 1927 N.Y. App. Div. LEXIS 10959 (N.Y. Ct. App. 1927).

Opinion

Per Curiam.

The accident occurred while rain was still falling with freezing temperature. The defendant was not negligent, therefore, in failing to remove the ice or to throw ashes or sawdust thereon. (Kelly v. Manhattan Railway Co., 112 N. Y. 443.)

Plaintiff was also guilty of contributory negligence in failing to safeguard herself against the obvious slippery condition of the step.

The judgment should be reversed on the law and the facts, with costs, and the complaint dismissed, with costs.

Present — Dowling, P. J., Merrell, Martin, O’Malley and Proskauer, JJ.

Judgment reversed, with costs, and the complaint dismissed, with costs.

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Cite This Page — Counsel Stack

Bluebook (online)
219 A.D. 529, 220 N.Y.S. 461, 1927 N.Y. App. Div. LEXIS 10959, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bressler-v-rule-realty-co-nyappdiv-1927.