Gorman v. Smith

Appellate Division of the Supreme Court of New York

Gorman v. Smith

18 A.D.2d 862, 236 N.Y.S.2d 333, 1963 N.Y. App. Div. LEXIS 4788

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

DecidedJanuary 16, 1963

StatusPublished

This text of 18 A.D.2d 862 (Gorman v. Smith) 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

Gorman v. Smith, 18 A.D.2d 862, 236 N.Y.S.2d 333, 1963 N.Y. App. Div. LEXIS 4788 (N.Y. Ct. App. 1963).

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Opinion

There was adequate proof that the floor and doorsill were defective; and negligence and contributory negligence became jury questions within the frame of the authorities which have sustained recoveries in similar cases. (See, e.g., [863]*863Shannon v. Bergener, 299 N. Y. 704.) From, the testimony, as well as from admissions in the pleadings, it could properly be found that the landlords, who did not testify, retained a sufficient measure of control to charge them with liability. The disputed exhibits were sufficiently identified by the testimony and such identification is supported to some extent by comparison with the photograph offered by defendants. Judgment and order unanimously affirmed, with costs to respondent. Present — Bergan, P. J., Coon, Gibson, Herlihy and Taylor, JJ.

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There was adequate proof that the floor and doorsill were defective; and negligence and contributory negligence became jury questions within the frame of the authorities which have sustained recoveries in similar cases. (See, e.g., [863]*863Shannon v. Bergener, 299 N. Y. 704.) From, the testimony, as well as from admissions in the pleadings, it could properly be found that the landlords, who did not testify, retained a sufficient measure of control to charge them with liability. The disputed exhibits were sufficiently identified by the testimony and such identification is supported to some extent by comparison with the photograph offered by defendants. Judgment and order unanimously affirmed, with costs to respondent. Present — Bergan, P. J., Coon, Gibson, Herlihy and Taylor, JJ.

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Bluebook (online)

18 A.D.2d 862, 236 N.Y.S.2d 333, 1963 N.Y. App. Div. LEXIS 4788, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gorman-v-smith-nyappdiv-1963.

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