Diocca v. New York Dock Co.

Appellate Division of the Supreme Court of New York

Diocca v. New York Dock Co.

264 A.D. 895, 36 N.Y.S.2d 245, 1942 N.Y. App. Div. LEXIS 5288

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

DecidedJune 29, 1942

StatusPublished

Cited by1 cases

This text of 264 A.D. 895 (Diocca v. New York Dock 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

Diocca v. New York Dock Co., 264 A.D. 895, 36 N.Y.S.2d 245, 1942 N.Y. App. Div. LEXIS 5288 (N.Y. Ct. App. 1942).

Pincite

Opinion

Action for damages for injuries sustained as the result of the alleged negligence of the defendant in maintaining over a doorway a defective plank which fell upon plaintiff while he was engaged in unloading cargo from a steamship. Plaintiff’s proof showed that the cable of a boom used in the operation of unloading struck against the alleged defective plank repeatedly, or at least occasionally, prior to the happening of the accident and prior to the time that the defect, consisting of the loosened plank, was observed. Judgment for defendant unanimously affirmed, •with costs. No opinion. Present — Lazansky, P. J., Hagarty, Carswell, Johnston and Adel, JJ.

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Action for damages for injuries sustained as the result of the alleged negligence of the defendant in maintaining over a doorway a defective plank which fell upon plaintiff while he was engaged in unloading cargo from a steamship. Plaintiff’s proof showed that the cable of a boom used in the operation of unloading struck against the alleged defective plank repeatedly, or at least occasionally, prior to the happening of the accident and prior to the time that the defect, consisting of the loosened plank, was observed. Judgment for defendant unanimously affirmed, •with costs. No opinion. Present — Lazansky, P. J., Hagarty, Carswell, Johnston and Adel, JJ.

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Bluebook (online)

264 A.D. 895, 36 N.Y.S.2d 245, 1942 N.Y. App. Div. LEXIS 5288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diocca-v-new-york-dock-co-nyappdiv-1942.

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