Levy v. City of New York

Appellate Division of the Supreme Court of New York

Levy v. City of New York

255 A.D. 857, 7 N.Y.S.2d 529, 1938 N.Y. App. Div. LEXIS 5664

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

DecidedNovember 4, 1938

StatusPublished

Cited by4 cases

This text of 255 A.D. 857 (Levy v. City of New York) 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

Levy v. City of New York, 255 A.D. 857, 7 N.Y.S.2d 529, 1938 N.Y. App. Div. LEXIS 5664 (N.Y. Ct. App. 1938).

Pincite

Opinion

Action by infant-plaintiff for damages for personal injuries and by his father for loss of services. The infant-plaintiff, while coasting on a sled along the sidewalk of one of the streets in the borough of Brooklyn, was injured when the sled collided with a tree stump. The stump was located two feet four inches outside of the building line and in the sidewalk area about six feet inside of the five-foot cement walk on the sidewalk. Judgment in favor of plaintiffs reversed on the law, with costs, and complaint dismissed, with costs. In our opinion, no negligence was shown on the part of the city, and the infant-plaintiff was guilty of contributory negligence as matter of law. There is no obligation on the part of the city to maintain the sidewalk in such a condition as to make it safe for those using it for coasting on sleds. Nor could the city be expected to anticipate the danger. Moreover, by coasting on the sidewalk the infant plaintiff was violating the statute. (Penal Law, § 1907.) Lazansky, P. J., Carswell, Davis, Johnston and Taylor, JJ., concur.

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Action by infant-plaintiff for damages for personal injuries and by his father for loss of services. The infant-plaintiff, while coasting on a sled along the sidewalk of one of the streets in the borough of Brooklyn, was injured when the sled collided with a tree stump. The stump was located two feet four inches outside of the building line and in the sidewalk area about six feet inside of the five-foot cement walk on the sidewalk. Judgment in favor of plaintiffs reversed on the law, with costs, and complaint dismissed, with costs. In our opinion, no negligence was shown on the part of the city, and the infant-plaintiff was guilty of contributory negligence as matter of law. There is no obligation on the part of the city to maintain the sidewalk in such a condition as to make it safe for those using it for coasting on sleds. Nor could the city be expected to anticipate the danger. Moreover, by coasting on the sidewalk the infant plaintiff was violating the statute. (Penal Law, § 1907.) Lazansky, P. J., Carswell, Davis, Johnston and Taylor, JJ., concur.

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Bluebook (online)

255 A.D. 857, 7 N.Y.S.2d 529, 1938 N.Y. App. Div. LEXIS 5664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levy-v-city-of-new-york-nyappdiv-1938.

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