Golub v. City of New York

Appellate Division of the Supreme Court of New York

Golub v. City of New York

272 A.D.2d 1043

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

DecidedNovember 14, 1947

StatusPublished

This text of 272 A.D.2d 1043 (Golub 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

Golub v. City of New York, 272 A.D.2d 1043 (N.Y. Ct. App. 1947).

Pincite

Opinion

While the photograph in evidence of the mechanism alleged to have injured plaintiff’s hand appears to negate the claim, upon which plaintiff’s case rests, that the gears of the mechanism were exposed and plaintiff’s fingers became caught in the gears, the photograph is not conclusive in its showing and does not warrant dismissal of the complaint without further evidence either.by mechanical drawings or testimony to show that the gears were not exposed. Judgment unanimously reversed and a new trial ordered, with costs to the appellants to abide the event. Present — Peek, P. J., Glennon, Dore, Cohn and Callahan, JJ.

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While the photograph in evidence of the mechanism alleged to have injured plaintiff’s hand appears to negate the claim, upon which plaintiff’s case rests, that the gears of the mechanism were exposed and plaintiff’s fingers became caught in the gears, the photograph is not conclusive in its showing and does not warrant dismissal of the complaint without further evidence either.by mechanical drawings or testimony to show that the gears were not exposed. Judgment unanimously reversed and a new trial ordered, with costs to the appellants to abide the event. Present — Peek, P. J., Glennon, Dore, Cohn and Callahan, JJ.

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Bluebook (online)

272 A.D.2d 1043, Counsel Stack Legal Research, https://law.counselstack.com/opinion/golub-v-city-of-new-york-nyappdiv-1947.