Marini v. City of New York

Appellate Division of the Supreme Court of New York

Marini v. City of New York

264 A.D. 879, 35 N.Y.S.2d 507, 1942 N.Y. App. Div. LEXIS 5223

Appellate Division of the Supreme Court of the State of New York·Decided June 15, 1942·Published

Opinion

Action by respondent to recover damages for personal injuries suffered by her as a consequence of the construction and maintenance of a dangerous road intersection in Queens county. The defendant constructed and maintained, without any warning signs of its existence, an abrupt rise in the roadway between a street and an intersecting avenue. The respondent, while a passenger in an automobile owned and driven by her husband, was bounced from the rear seat up against the roof of the car and suffered a compression fracture of the spine. Judgment for the respondent, in so far as appealed from, unanimously affirmed, with costs. (Voorhees v. County of Nassau, 251 App. Div. 902; Cheney v. County of Erie, 258 id. 932.) In Robbins v. Weatherwax (246 App. Div. 654) the jury’s verdict was reinstated by the Appellate Division. Present — Lazansky, P. J., Hagarty, Carswell, Johnston and Adel, JJ.

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Action by respondent to recover damages for personal injuries suffered by her as a consequence of the construction and maintenance of a dangerous road intersection in Queens county. The defendant constructed and maintained, without any warning signs of its existence, an abrupt rise in the roadway between a street and an intersecting avenue. The respondent, while a passenger in an automobile owned and driven by her husband, was bounced from the rear seat up against the roof of the car and suffered a compression fracture of the spine. Judgment for the respondent, in so far as appealed from, unanimously affirmed, with costs. (Voorhees v. County of Nassau, 251 App. Div. 902; Cheney v. County of Erie, 258 id. 932.) In Robbins v. Weatherwax (246 App. Div. 654) the jury’s verdict was reinstated by the Appellate Division. Present — Lazansky, P. J., Hagarty, Carswell, Johnston and Adel, JJ.

Marini v. City of New York, 264 A.D. 879, 35 N.Y.S.2d 507, 1942 N.Y. App. Div. LEXIS 5223 (N.Y. Ct. App. 1942).

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264 A.D. 879 (Marini v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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