Fischetti v. City of New York

Appellate Division of the Supreme Court of New York

Fischetti v. City of New York

269 A.D. 948, 57 N.Y.S.2d 913, 1945 N.Y. App. Div. LEXIS 4698

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

DecidedOctober 15, 1945

StatusPublished

Cited by4 cases

This text of 269 A.D. 948 (Fischetti 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

Fischetti v. City of New York, 269 A.D. 948, 57 N.Y.S.2d 913, 1945 N.Y. App. Div. LEXIS 4698 (N.Y. Ct. App. 1945).

Pincite

Opinion

Action by plaintiff wife to recover damages for personal injuries sustained when she slipped and fell on an icy crosswalk at a street intersection, and by her husband for medical expenses. Six days before the accident there had been a heavy fall of snow and sleet, followed by almost continuous freezing weather. J udgment entered on the verdict of a jury in favor of plaintiffs reversed on the law, with costs, and the complaint dismissed on the law, with costs. The findings of fact implicit in the jury’s verdict are affirmed. The evidence fails to establish actionable negligence. (Dupont v. Village of Port Chester, 204 N. Y. 351; Seltzer v. City of New York, 266 App. Div. 880, affd. 292 N. Y. 560; Adams v. City of New York, 257 App. Div. 986; DeFeo v. City of New York, 262 App. Div. 898.) Hagarty, Acting P. J., Carswell, Adel, Lewis and Aldrich, JJ., concur.

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Action by plaintiff wife to recover damages for personal injuries sustained when she slipped and fell on an icy crosswalk at a street intersection, and by her husband for medical expenses. Six days before the accident there had been a heavy fall of snow and sleet, followed by almost continuous freezing weather. J udgment entered on the verdict of a jury in favor of plaintiffs reversed on the law, with costs, and the complaint dismissed on the law, with costs. The findings of fact implicit in the jury’s verdict are affirmed. The evidence fails to establish actionable negligence. (Dupont v. Village of Port Chester, 204 N. Y. 351; Seltzer v. City of New York, 266 App. Div. 880, affd. 292 N. Y. 560; Adams v. City of New York, 257 App. Div. 986; DeFeo v. City of New York, 262 App. Div. 898.) Hagarty, Acting P. J., Carswell, Adel, Lewis and Aldrich, JJ., concur.

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Bluebook (online)

269 A.D. 948, 57 N.Y.S.2d 913, 1945 N.Y. App. Div. LEXIS 4698, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fischetti-v-city-of-new-york-nyappdiv-1945.

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