Hirschberg v. Denlitt Construction Corp.

Appellate Division of the Supreme Court of New York

Hirschberg v. Denlitt Construction Corp.

7 A.D.2d 979, 183 N.Y.S.2d 805, 1959 N.Y. App. Div. LEXIS 9470

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

DecidedMarch 24, 1959

StatusPublished

This text of 7 A.D.2d 979 (Hirschberg v. Denlitt Construction Corp.) 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

Hirschberg v. Denlitt Construction Corp., 7 A.D.2d 979, 183 N.Y.S.2d 805, 1959 N.Y. App. Div. LEXIS 9470 (N.Y. Ct. App. 1959).

Pincite

Opinion

Judgment unanimously reversed upon the law, the facts not having been considered, and the' complaint dismissed, with costs to the appellants. The record fails to establish negligence on the part of the defendants. The evidence of plaintiff’s expert to the effect that the fire escape ladder was caused suddenly to drop by the defective construction of the grooves of the two metal brackets attached to the upper end of the ladder is unsupported by evidence of the manner of construction thereof or that it was not in accordance with the usual and customary method of constructing similar brackets. Accordingly, the plaintiff failed to make out a case of actionable negligence and the complaint is dismissed. Concur — Breitel, J. P., Rabin, M. M. Frank, Valente and McNally, JJ.

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Judgment unanimously reversed upon the law, the facts not having been considered, and the' complaint dismissed, with costs to the appellants. The record fails to establish negligence on the part of the defendants. The evidence of plaintiff’s expert to the effect that the fire escape ladder was caused suddenly to drop by the defective construction of the grooves of the two metal brackets attached to the upper end of the ladder is unsupported by evidence of the manner of construction thereof or that it was not in accordance with the usual and customary method of constructing similar brackets. Accordingly, the plaintiff failed to make out a case of actionable negligence and the complaint is dismissed. Concur — Breitel, J. P., Rabin, M. M. Frank, Valente and McNally, JJ.

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Bluebook (online)

7 A.D.2d 979, 183 N.Y.S.2d 805, 1959 N.Y. App. Div. LEXIS 9470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hirschberg-v-denlitt-construction-corp-nyappdiv-1959.