Lavayea v. City of Buffalo

Appellate Division of the Supreme Court of New York

Lavayea v. City of Buffalo

252 A.D. 921, 1937 N.Y. App. Div. LEXIS 6816

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

DecidedNovember 17, 1937

StatusPublished

This text of 252 A.D. 921 (Lavayea v. City of Buffalo) 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

Lavayea v. City of Buffalo, 252 A.D. 921, 1937 N.Y. App. Div. LEXIS 6816 (N.Y. Ct. App. 1937).

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Opinion

Judgment reversed on the law, with costs, and complaint dismissed, with costs, on the ground that even though the existence of the defect in the pavement was sufficient to make out a prima facie case of negligence against the defendant, there is no evidence of a causal conneetion between the existence of this defect and the accident which caused the plaintiff’s injury. All concur, Edgcomb, J., also on the further ground that the defect in the pavement was not "sufficient to constitute by its existence a prima facie case of negligence (See Stakel v. City of Batavia, 260 N. Y. 628, and Boyne v. City of Buffalo, 269 id. 657), except Sears, P. J., and Crosby, J., who dissent and vote for affirmance. (The judgment awards damages for injuries sustained by falling on sidewalk.) Present — 'Sears, P. J., Edgcomb,.Crosby, Lewis and Taylor, JJ.

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Judgment reversed on the law, with costs, and complaint dismissed, with costs, on the ground that even though the existence of the defect in the pavement was sufficient to make out a prima facie case of negligence against the defendant, there is no evidence of a causal conneetion between the existence of this defect and the accident which caused the plaintiff’s injury. All concur, Edgcomb, J., also on the further ground that the defect in the pavement was not "sufficient to constitute by its existence a prima facie case of negligence (See Stakel v. City of Batavia, 260 N. Y. 628, and Boyne v. City of Buffalo, 269 id. 657), except Sears, P. J., and Crosby, J., who dissent and vote for affirmance. (The judgment awards damages for injuries sustained by falling on sidewalk.) Present — 'Sears, P. J., Edgcomb,.Crosby, Lewis and Taylor, JJ.

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Bluebook (online)

252 A.D. 921, 1937 N.Y. App. Div. LEXIS 6816, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lavayea-v-city-of-buffalo-nyappdiv-1937.

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