Myers v. City of New York

Appellate Division of the Supreme Court of New York

Myers v. City of New York

242 A.D. 695

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

Opinion

Judgment as against defendant Triest Contracting Corporation unanimously affirmed, with costs. That part of the judgment dismissing the complaint as against the city of New York is reversed on the law and a new trial granted, with costs to plaintiff, appellant, to abide the event, on the ground that it was a question of fact as to whether the city was negligent in respect to the barricade erected on Hillside avenue around the ventilating shaft leading down to the subway construction, on the authority of Giglio v. New York Telephone Co. (238 App. Div. 503); Metzroth v. City of New York (241 N. Y. 470), and Hirsch v. Schwartz & Cohn (256 id. 7). Lazansky, P. J., Young, Hagarty, Seudder and Davis, JJ., concur.

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

Judgment as against defendant Triest Contracting Corporation unanimously affirmed, with costs. That part of the judgment dismissing the complaint as against the city of New York is reversed on the law and a new trial granted, with costs to plaintiff, appellant, to abide the event, on the ground that it was a question of fact as to whether the city was negligent in respect to the barricade erected on Hillside avenue around the ventilating shaft leading down to the subway construction, on the authority of Giglio v. New York Telephone Co. (238 App. Div. 503); Metzroth v. City of New York (241 N. Y. 470), and Hirsch v. Schwartz & Cohn (256 id. 7). Lazansky, P. J., Young, Hagarty, Seudder and Davis, JJ., concur.

Myers v. City of New York, 242 A.D. 695 (N.Y. Ct. App. 1934).

Pincite

242 A.D. 695 (Myers v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related