Burke v. Frenkel

Appellate Division of the Supreme Court of New York

Burke v. Frenkel

119 A.D. 872, 104 N.Y.S. 1123

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

DecidedApril 15, 1907

StatusPublished

This text of 119 A.D. 872 (Burke v. Frenkel) 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

Burke v. Frenkel, 119 A.D. 872, 104 N.Y.S. 1123 (N.Y. Ct. App. 1907).

Pincite

Opinion

— The evidence .that the window cords were black, dark, dirty, old looking' ropes; that they were, after the accident, pulled apart in the hand; that during a period of two weeks before the accident the hall boy’s assistance' was required to raise the upper sash, and that he had used an umbrella to keep the upper sash in place while the catch was being secured, raised a question of fact as to the negligence of the defendants, and the direction of a verdict in favor of the defendants was error. Judgment and order reversed and new, trial granted, costs to abide the event. Hirschberg, P. J., Hooker, Rich and Miller, JJ., concurred.

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— The evidence .that the window cords were black, dark, dirty, old looking' ropes; that they were, after the accident, pulled apart in the hand; that during a period of two weeks before the accident the hall boy’s assistance' was required to raise the upper sash, and that he had used an umbrella to keep the upper sash in place while the catch was being secured, raised a question of fact as to the negligence of the defendants, and the direction of a verdict in favor of the defendants was error. Judgment and order reversed and new, trial granted, costs to abide the event. Hirschberg, P. J., Hooker, Rich and Miller, JJ., concurred.

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Bluebook (online)

119 A.D. 872, 104 N.Y.S. 1123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burke-v-frenkel-nyappdiv-1907.