Prokopowicz v. 11 West 42nd Street, Inc.

New York Court of Appeals

Prokopowicz v. 11 West 42nd Street, Inc.

45 N.E.2d 906, 289 N.Y. 350, 1942 N.Y. LEXIS 959

DecidedDecember 3, 1942

StatusPublished

This text of 45 N.E.2d 906 (Prokopowicz v. 11 West 42nd Street, Inc.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Prokopowicz v. 11 West 42nd Street, Inc., 45 N.E.2d 906, 289 N.Y. 350, 1942 N.Y. LEXIS 959 (N.Y. 1942).

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Opinion

*352 Per Curiam.

Even without direct proof that the installation of an additional safety device on electrical elevators was customary in 1926, a question of fact is presented whether the defendant Otis Elevator Company acted negligently in failing to install such device under the circumstances shown by the evidence produced by the plaintiff.

The judgments should be reversed and a new trial granted, with costs to the appellant to abide the event.

Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ., concur.

Judgments reversed.

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*352 Per Curiam.

Even without direct proof that the installation of an additional safety device on electrical elevators was customary in 1926, a question of fact is presented whether the defendant Otis Elevator Company acted negligently in failing to install such device under the circumstances shown by the evidence produced by the plaintiff.

The judgments should be reversed and a new trial granted, with costs to the appellant to abide the event.

Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ., concur.

Judgments reversed.

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Bluebook (online)

45 N.E.2d 906, 289 N.Y. 350, 1942 N.Y. LEXIS 959, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prokopowicz-v-11-west-42nd-street-inc-ny-1942.