McCabe v. Richell Realty Corp.

Appellate Division of the Supreme Court of New York

McCabe v. Richell Realty Corp.

248 A.D. 743

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

DecidedJune 15, 1936

StatusPublished

This text of 248 A.D. 743 (McCabe v. Richell Realty Corp.) 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

McCabe v. Richell Realty Corp., 248 A.D. 743 (N.Y. Ct. App. 1936).

Pincite

Opinion

—Appeal from a judgment dismissing the plaintiff’s complaint at the close of plaintiff’s case. The action charges negligence resulting in the death of plaintiff’s husband, who was found unconscious at the foot of a stairway in a business building. Judgment reversed on the law and a new trial granted, costs to appellant to abide the event, upon the ground that there are facts from which the jury might have inferred that the defendants were guilty of negligence in failing to afford reasonable protection to decedent as he descended the stairway. Lazansky, P. J., Young, Hagarty and Johnston, JJ., concur; Adel, J., dissents and votes to affirm.

Free access — add to your briefcase to read the full text and ask questions with AI

—Appeal from a judgment dismissing the plaintiff’s complaint at the close of plaintiff’s case. The action charges negligence resulting in the death of plaintiff’s husband, who was found unconscious at the foot of a stairway in a business building. Judgment reversed on the law and a new trial granted, costs to appellant to abide the event, upon the ground that there are facts from which the jury might have inferred that the defendants were guilty of negligence in failing to afford reasonable protection to decedent as he descended the stairway. Lazansky, P. J., Young, Hagarty and Johnston, JJ., concur; Adel, J., dissents and votes to affirm.

Cite This Page — Counsel Stack

Bluebook (online)

248 A.D. 743, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccabe-v-richell-realty-corp-nyappdiv-1936.