Flynn v. City of New York

Appellate Division of the Supreme Court of New York

Flynn v. City of New York

35 A.D.2d 936, 316 N.Y.S.2d 494, 1970 N.Y. App. Div. LEXIS 3183

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

DecidedDecember 15, 1970

StatusPublished

Cited by3 cases

This text of 35 A.D.2d 936 (Flynn 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

Flynn v. City of New York, 35 A.D.2d 936, 316 N.Y.S.2d 494, 1970 N.Y. App. Div. LEXIS 3183 (N.Y. Ct. App. 1970).

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Opinion

[937]*937Concur — McGivern, J. P., [938]*938workmen used them to get to and from work continuously each working day since the barricades were constructed was established by the uncontradicted testimony of defendant’s Field Engineer, Mr. Robert Ryan. Whether or not the contractor created a dangerous condition on the public highway causally related to the plaintiff’s accident and resulting injury was a question of fact for the jury’s determination. (See O’Neil v. City of Port Jervis, 253 N. Y. 423; Jarvis v. Long Is. R. R. Co., 50 Misc 2d 769, affd. 25 A D 2d 617, mot. for Iv. to app. den. 17 N Y 2d 424; McDevitt v. State of New York, 1 N Y2d 540.) I vote to modify the judgment appealed from by reinstating the verdict in plaintiff’s favor against Poirier & McLane Corp. and to otherwise affirm.

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[937]*937Concur — McGivern, J. P., [938]*938workmen used them to get to and from work continuously each working day since the barricades were constructed was established by the uncontradicted testimony of defendant’s Field Engineer, Mr. Robert Ryan. Whether or not the contractor created a dangerous condition on the public highway causally related to the plaintiff’s accident and resulting injury was a question of fact for the jury’s determination. (See O’Neil v. City of Port Jervis, 253 N. Y. 423; Jarvis v. Long Is. R. R. Co., 50 Misc 2d 769, affd. 25 A D 2d 617, mot. for Iv. to app. den. 17 N Y 2d 424; McDevitt v. State of New York, 1 N Y2d 540.) I vote to modify the judgment appealed from by reinstating the verdict in plaintiff’s favor against Poirier & McLane Corp. and to otherwise affirm.

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Bluebook (online)

35 A.D.2d 936, 316 N.Y.S.2d 494, 1970 N.Y. App. Div. LEXIS 3183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flynn-v-city-of-new-york-nyappdiv-1970.

Opinion

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