Friedman v. City of New York

Appellate Division of the Supreme Court of New York

Friedman v. City of New York

29 A.D.2d 676, 287 N.Y.S.2d 629, 1968 N.Y. App. Div. LEXIS 4798

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

DecidedJanuary 22, 1968

StatusPublished

This text of 29 A.D.2d 676 (Friedman 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

Friedman v. City of New York, 29 A.D.2d 676, 287 N.Y.S.2d 629, 1968 N.Y. App. Div. LEXIS 4798 (N.Y. Ct. App. 1968).

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Opinion

Judgment of the Supreme Court, Kings County, dated November 30, 1966, reversed, on the law and facts, with one bill of costs to appellants jointly, and complaint and cross complaint dismissed. 'The undisputed evidence shows that plaintiff was injured when, fully conscious of the risk involved in stepping over an obvious sidewalk excavation, she nevertheless unsuccessfully attempted to do so though an alternate way, earlier used by her, had provided a safe course across the roadway over which she was required to travel en route to her home. In our opinion, plaintiff was thus contributorily negligent as a matter of law (Nucci v. Warshaw Gonstr. Gorp., 12 N Y 2d 16; Townes V. Park Motor Sales, 7 A D 2d 109; Utica Mut. Ins. Go. v. Amsterdam Color Works, 284 App. Div. 376; cf. Whalen v. Citizens’ Gas Light Go-., 151 N. Y. 70). Beldoek, P. J., Christ, Brennan, Hopkins and Munder, JJ., concur.

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Judgment of the Supreme Court, Kings County, dated November 30, 1966, reversed, on the law and facts, with one bill of costs to appellants jointly, and complaint and cross complaint dismissed. 'The undisputed evidence shows that plaintiff was injured when, fully conscious of the risk involved in stepping over an obvious sidewalk excavation, she nevertheless unsuccessfully attempted to do so though an alternate way, earlier used by her, had provided a safe course across the roadway over which she was required to travel en route to her home. In our opinion, plaintiff was thus contributorily negligent as a matter of law (Nucci v. Warshaw Gonstr. Gorp., 12 N Y 2d 16; Townes V. Park Motor Sales, 7 A D 2d 109; Utica Mut. Ins. Go. v. Amsterdam Color Works, 284 App. Div. 376; cf. Whalen v. Citizens’ Gas Light Go-., 151 N. Y. 70). Beldoek, P. J., Christ, Brennan, Hopkins and Munder, JJ., concur.

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Bluebook (online)

29 A.D.2d 676, 287 N.Y.S.2d 629, 1968 N.Y. App. Div. LEXIS 4798, Counsel Stack Legal Research, https://law.counselstack.com/opinion/friedman-v-city-of-new-york-nyappdiv-1968.

Opinion

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