Massiah v. Simon

Appellate Division of the Supreme Court of New York

Massiah v. Simon

242 A.D. 782, 274 N.Y.S. 430

Appellate Division of the Supreme Court of the State of New York·Decided October 15, 1934·Published

Opinion

Judgment dismissing the complaint at the close of plaintiff’s case reversed on the law and a new trial granted, costs to abide the event. The landlord was on notice that the glass was cracked and that it constituted a hazard. The evidence as to the cracked and loosened condition of the pane of glass was sufficient to justify the submission to the jury of the question of the cause of the child’s injury. Lazansky, P. J., Young, Carswell, Seudder and Tompkins, JJ., concur.

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Judgment dismissing the complaint at the close of plaintiff’s case reversed on the law and a new trial granted, costs to abide the event. The landlord was on notice that the glass was cracked and that it constituted a hazard. The evidence as to the cracked and loosened condition of the pane of glass was sufficient to justify the submission to the jury of the question of the cause of the child’s injury. Lazansky, P. J., Young, Carswell, Seudder and Tompkins, JJ., concur.

Massiah v. Simon, 242 A.D. 782, 274 N.Y.S. 430 (N.Y. Ct. App. 1934).

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