Czesznek v. Ruffy Corp.

Appellate Division of the Supreme Court of New York

Czesznek v. Ruffy Corp.

259 A.D. 302, 19 N.Y.S.2d 248, 1940 N.Y. App. Div. LEXIS 6127

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

DecidedApril 19, 1940

StatusPublished

Cited by1 cases

This text of 259 A.D. 302 (Czesznek v. Ruffy Corp.) 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

Czesznek v. Ruffy Corp., 259 A.D. 302, 19 N.Y.S.2d 248, 1940 N.Y. App. Div. LEXIS 6127 (N.Y. Ct. App. 1940).

Pincite

Opinion

Per Curiam.

The plaintiff was guilty of contributory negligence as a matter of law. (Rohrbacher v. Gillig, 203 N. Y. 413; Hudson v. Church of Holy Trinity, 250 id. 513.) The instructions by the defendant’s superintendent to the plaintiff on the day preceding the accident to place the mash in the boiler room of the cellar did not constitute an assurance to the plaintiff that he might proceed there safely in complete darkness and without guidance.

[303]*303The judgment should be reversed, with costs, and the complaint dismissed, with costs.

Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

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

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