Keating v. Blake

Appellate Division of the Supreme Court of New York

Keating v. Blake

263 A.D. 898, 32 N.Y.S.2d 561, 1942 N.Y. App. Div. LEXIS 7267

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

DecidedJanuary 26, 1942

StatusPublished

Cited by2 cases

This text of 263 A.D. 898 (Keating v. Blake) 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

Keating v. Blake, 263 A.D. 898, 32 N.Y.S.2d 561, 1942 N.Y. App. Div. LEXIS 7267 (N.Y. Ct. App. 1942).

Pincite

Opinion

Plaintiffs were tenants in a private dwelling owned by the defendant Edward M. Blake and managed by the landlord’s agent, Davenport Real Estate Company, Inc. At the entrance to the basement there was an iron gate, which the landlord, although not obligated to do so, agreed to repair and employed the defendant Frederic Godfrey, Inc., an independent contractor, to make the repairs. While plaintiff-wife was leaving the basement the gate fell upon her and she sues to recover damages for the injuries sustained, and her husband sues for loss of services and expenses. The complaint was dismissed as to the owner and the agent, and the jury found in favor of the plaintiffs against the independent contractor, which appeals. Judgment and order unanimously affirmed, with costs. While the independent contractor denies that it repaired the gate, there was evidence from which the jury could find that it did so and, before the repairs were completed, that its mechanic left the gate in an unsafe and dangerous condition. Present — Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ.

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Plaintiffs were tenants in a private dwelling owned by the defendant Edward M. Blake and managed by the landlord’s agent, Davenport Real Estate Company, Inc. At the entrance to the basement there was an iron gate, which the landlord, although not obligated to do so, agreed to repair and employed the defendant Frederic Godfrey, Inc., an independent contractor, to make the repairs. While plaintiff-wife was leaving the basement the gate fell upon her and she sues to recover damages for the injuries sustained, and her husband sues for loss of services and expenses. The complaint was dismissed as to the owner and the agent, and the jury found in favor of the plaintiffs against the independent contractor, which appeals. Judgment and order unanimously affirmed, with costs. While the independent contractor denies that it repaired the gate, there was evidence from which the jury could find that it did so and, before the repairs were completed, that its mechanic left the gate in an unsafe and dangerous condition. Present — Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ.

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Bluebook (online)

263 A.D. 898, 32 N.Y.S.2d 561, 1942 N.Y. App. Div. LEXIS 7267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keating-v-blake-nyappdiv-1942.

Opinion

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