Orenstein v. Bankers Trust Co.

Appellate Division of the Supreme Court of New York

Orenstein v. Bankers Trust Co.

268 A.D. 798, 49 N.Y.S.2d 171, 1944 N.Y. App. Div. LEXIS 3530

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

DecidedJune 26, 1944

StatusPublished

This text of 268 A.D. 798 (Orenstein v. Bankers Trust Co.) 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

Orenstein v. Bankers Trust Co., 268 A.D. 798, 49 N.Y.S.2d 171, 1944 N.Y. App. Div. LEXIS 3530 (N.Y. Ct. App. 1944).

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Opinion

Action to recover damages for personal injuries suffered by plaintiff, a window cleaner, in falling from an outside window sill of a building owned by defendant Bankers Trust Company and leased in its entirety to a tenant. Judgment against defendant owner reversed on the law, with costs, and the complaint dismissed on the law, with costs. Under the cases, there is no basis in ihe proof for a--finding of liability against defendant owner for a claimed violation, of section 202 of the Labor Law for failure to furnish anchors or other safety devices on the windows of the building involved herein to protect window cleaners engaged in cleaning windows from the outside. (Lowenhar v. Commercial Outfitting Co., Inc., 260 App. Div. 211, affd. 285 N. Y. 671; Homin v. Cleveland & Whitehill Co., 281 N. Y. 484.) The proffered proof in Pollard V. Trivia Building Corp. (291 N. Y. 19) was broader than was adduced herein. The findings of fact implicit in the verdict of the jury are affirmed. Appeal-from order dismissed, without costs. Close, P. J., Hagarty, Carswell, Adel and" Aldrich, JJ., concur.

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Action to recover damages for personal injuries suffered by plaintiff, a window cleaner, in falling from an outside window sill of a building owned by defendant Bankers Trust Company and leased in its entirety to a tenant. Judgment against defendant owner reversed on the law, with costs, and the complaint dismissed on the law, with costs. Under the cases, there is no basis in ihe proof for a--finding of liability against defendant owner for a claimed violation, of section 202 of the Labor Law for failure to furnish anchors or other safety devices on the windows of the building involved herein to protect window cleaners engaged in cleaning windows from the outside. (Lowenhar v. Commercial Outfitting Co., Inc., 260 App. Div. 211, affd. 285 N. Y. 671; Homin v. Cleveland & Whitehill Co., 281 N. Y. 484.) The proffered proof in Pollard V. Trivia Building Corp. (291 N. Y. 19) was broader than was adduced herein. The findings of fact implicit in the verdict of the jury are affirmed. Appeal-from order dismissed, without costs. Close, P. J., Hagarty, Carswell, Adel and" Aldrich, JJ., concur.

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Bluebook (online)

268 A.D. 798, 49 N.Y.S.2d 171, 1944 N.Y. App. Div. LEXIS 3530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/orenstein-v-bankers-trust-co-nyappdiv-1944.

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