Bunce v. City of New York

Appellate Division of the Supreme Court of New York

Bunce v. City of New York

254 A.D. 702, 3 N.Y.S.2d 855, 1938 N.Y. App. Div. LEXIS 7193

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

DecidedApril 22, 1938

StatusPublished

Cited by1 cases

This text of 254 A.D. 702 (Bunce v. City of New York) 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

Bunce v. City of New York, 254 A.D. 702, 3 N.Y.S.2d 855, 1938 N.Y. App. Div. LEXIS 7193 (N.Y. Ct. App. 1938).

Pincite

Opinion

Plaintiff was injured when she fell on a ledge six or eight feet long, extending from the building line over the sidewalk. The ledge was seven inches high at its highest point and tapered until it became flush with the sidewalk, and the edge of the ledge was jagged. The jury disagreed and the court granted defendant’s motion to dismiss the complaint on the merits, and judgment was entered accordingly. Judgment reversed on the law and a new trial granted, with costs to appellant to abide the event. In our opinion the evidence presented questions of fact as to defendant’s negligence and plaintiff’s freedom from contributory negligence. Lazansky, P. J., Hagarty, Davis, Johnston and Taylor, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Plaintiff was injured when she fell on a ledge six or eight feet long, extending from the building line over the sidewalk. The ledge was seven inches high at its highest point and tapered until it became flush with the sidewalk, and the edge of the ledge was jagged. The jury disagreed and the court granted defendant’s motion to dismiss the complaint on the merits, and judgment was entered accordingly. Judgment reversed on the law and a new trial granted, with costs to appellant to abide the event. In our opinion the evidence presented questions of fact as to defendant’s negligence and plaintiff’s freedom from contributory negligence. Lazansky, P. J., Hagarty, Davis, Johnston and Taylor, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

254 A.D. 702, 3 N.Y.S.2d 855, 1938 N.Y. App. Div. LEXIS 7193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bunce-v-city-of-new-york-nyappdiv-1938.

Opinion

Related

Cite This Page — Counsel Stack