Frati v. Dann

Appellate Division of the Supreme Court of New York

Frati v. Dann

236 A.D. 844

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

DecidedNovember 15, 1932

StatusPublished

This text of 236 A.D. 844 (Frati v. Dann) 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

Frati v. Dann, 236 A.D. 844 (N.Y. Ct. App. 1932).

Pincite

Opinion

Judgment reversed on the law and the facts and a new trial granted, costs to abide the event. In our opinion, there is no support in the record for the respondent’s contention that the appellant was negligent in not guarding or lighting the open cellar doors. There is no evidence that he knew the doors were open and unguarded, or that they had been in that condition for a sufficient length of time to charge him with notice. Lazansky, P. J., Kapper, Scudder, Tompkins and Davis, JJ., concur.

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Judgment reversed on the law and the facts and a new trial granted, costs to abide the event. In our opinion, there is no support in the record for the respondent’s contention that the appellant was negligent in not guarding or lighting the open cellar doors. There is no evidence that he knew the doors were open and unguarded, or that they had been in that condition for a sufficient length of time to charge him with notice. Lazansky, P. J., Kapper, Scudder, Tompkins and Davis, JJ., concur.

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Bluebook (online)

236 A.D. 844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frati-v-dann-nyappdiv-1932.