Katz v. Bialik Hebrew Academy

Appellate Division of the Supreme Court of New York

Katz v. Bialik Hebrew Academy

9 A.D.2d 960, 195 N.Y.S.2d 674, 1959 N.Y. App. Div. LEXIS 5279

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

DecidedDecember 31, 1959

StatusPublished

This text of 9 A.D.2d 960 (Katz v. Bialik Hebrew Academy) 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

Katz v. Bialik Hebrew Academy, 9 A.D.2d 960, 195 N.Y.S.2d 674, 1959 N.Y. App. Div. LEXIS 5279 (N.Y. Ct. App. 1959).

Pincite

Opinion

In an action by- an infant to recover damages for personal injuries, and by his father for medical expenses and loss of services, the appeal is from a judgment, entered after trial before the court without a jury, dismissing the complaint. The infant was injured when his finger was caught between a door jamb and the hinge edge of the door while the door was being closed. There was no proof that respondents’ employee, who allegedly closed the door, was then aware of the position of the infant’s finger. Judgment unanimously affirmed, without costs. In our opinion, appellants failed to establish any negligence on the part of the respondents. (Cf. Bosen v. Bronx Hosp., 308 N. Y. 925; L’Hommedieu v. Delaware, Lackawanna <& Western B. B. Co., 258 Pa. 115.) Present — Nolan, P. J., Beldoek, Ughetta, Hallinan and Kleinfeld, JJ.

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In an action by- an infant to recover damages for personal injuries, and by his father for medical expenses and loss of services, the appeal is from a judgment, entered after trial before the court without a jury, dismissing the complaint. The infant was injured when his finger was caught between a door jamb and the hinge edge of the door while the door was being closed. There was no proof that respondents’ employee, who allegedly closed the door, was then aware of the position of the infant’s finger. Judgment unanimously affirmed, without costs. In our opinion, appellants failed to establish any negligence on the part of the respondents. (Cf. Bosen v. Bronx Hosp., 308 N. Y. 925; L’Hommedieu v. Delaware, Lackawanna <& Western B. B. Co., 258 Pa. 115.) Present — Nolan, P. J., Beldoek, Ughetta, Hallinan and Kleinfeld, JJ.

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Bluebook (online)

9 A.D.2d 960, 195 N.Y.S.2d 674, 1959 N.Y. App. Div. LEXIS 5279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/katz-v-bialik-hebrew-academy-nyappdiv-1959.

Opinion

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