Riesenberg v. Cullen Fuel Co.

New York Supreme Court

Riesenberg v. Cullen Fuel Co.

166 Misc. 663, 2 N.Y.S.2d 814, 1938 N.Y. Misc. LEXIS 1349

DecidedJanuary 27, 1938

StatusPublished

This text of 166 Misc. 663 (Riesenberg v. Cullen Fuel Co.) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Riesenberg v. Cullen Fuel Co., 166 Misc. 663, 2 N.Y.S.2d 814, 1938 N.Y. Misc. LEXIS 1349 (N.Y. Super. Ct. 1938).

Pincite

Opinion

Per Curiam.

It was error to dismiss the complaint. When the defendant drove its truck upon the sidewalk and broke it, it committed a nuisance and it was liable to any person who, while using due care, was injured as the result of defendant’s leaving the sidewalk in a dangerous condition.

Judgment reversed and a new trial ordered, with thirty dollars costs to appellants to abide the event.

All concur. Present — Hammer, Shientag and Noonan, JJ.

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

Per Curiam.

It was error to dismiss the complaint. When the defendant drove its truck upon the sidewalk and broke it, it committed a nuisance and it was liable to any person who, while using due care, was injured as the result of defendant’s leaving the sidewalk in a dangerous condition.

Judgment reversed and a new trial ordered, with thirty dollars costs to appellants to abide the event.

All concur. Present — Hammer, Shientag and Noonan, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

166 Misc. 663, 2 N.Y.S.2d 814, 1938 N.Y. Misc. LEXIS 1349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/riesenberg-v-cullen-fuel-co-nysupct-1938.