Galvano v. City of New York

Appellate Division of the Supreme Court of New York

Galvano v. City of New York

260 A.D. 926, 23 N.Y.S.2d 52, 1940 N.Y. App. Div. LEXIS 5487

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

DecidedNovember 4, 1940

StatusPublished

Cited by1 cases

This text of 260 A.D. 926 (Galvano 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

Galvano v. City of New York, 260 A.D. 926, 23 N.Y.S.2d 52, 1940 N.Y. App. Div. LEXIS 5487 (N.Y. Ct. App. 1940).

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Opinion

In an action to recover damages for personal injuries claimed to have been sustained by the plaintiff by reason of falling on ice on the sidewalk on Thirty-eighth street, between Twelfth and Thirteenth avenues, Brooklyn, on the 2d day of February, 1934, judgment in favor of the plaintiff and against the defendant reversed on the law and the facts, with costs, and the complaint dismissed on the law, with costs. We are of opinion that it now appears that the accident could not have happened because of a dangerous condition existing prior to the snowfall of February 1, 1934, and, therefore, that no actionable negligence was established against the city. Lazansky, P. J., Hagarty, Adel and Taylor, JJ., concur; Cars-well, J., dissents and votes to affirm the judgment.

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In an action to recover damages for personal injuries claimed to have been sustained by the plaintiff by reason of falling on ice on the sidewalk on Thirty-eighth street, between Twelfth and Thirteenth avenues, Brooklyn, on the 2d day of February, 1934, judgment in favor of the plaintiff and against the defendant reversed on the law and the facts, with costs, and the complaint dismissed on the law, with costs. We are of opinion that it now appears that the accident could not have happened because of a dangerous condition existing prior to the snowfall of February 1, 1934, and, therefore, that no actionable negligence was established against the city. Lazansky, P. J., Hagarty, Adel and Taylor, JJ., concur; Cars-well, J., dissents and votes to affirm the judgment.

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Bluebook (online)

260 A.D. 926, 23 N.Y.S.2d 52, 1940 N.Y. App. Div. LEXIS 5487, Counsel Stack Legal Research, https://law.counselstack.com/opinion/galvano-v-city-of-new-york-nyappdiv-1940.

Opinion

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