Rigney v. Horn & Hardart Co.

Appellate Terms of the Supreme Court of New York

Rigney v. Horn & Hardart Co.

164 Misc. 711, 299 N.Y.S. 335, 1937 N.Y. Misc. LEXIS 1835

Appellate Terms of the Supreme Court of New York·Decided October 15, 1937·Published

Opinion

Judgment and order unanimously reversed upon the law, with costs to defendant, and complaint dismissed, with costs. The evidence failed to show any condition of the stairway which could have been found to be the result of anything but the ordinary method of washing a stairway. The dividing line did not create two separate stairways. Plaintiff’s evidence shows that the work of cleaning was going on at the time she started to go down. (Samuels v. Terry Holding Co., Inc., 227 App. Div. 68; Curtiss v. Lehigh Valley R. R. Co., 233 N. Y. 554; Abbott v. Richmond County Country Club, 211 App. Div. 231; affd., 240 N. Y. 693.) No opinion.

All concur. Present — MacCrate, Lewis and Smith, JJ.

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

Judgment and order unanimously reversed upon the law, with costs to defendant, and complaint dismissed, with costs. The evidence failed to show any condition of the stairway which could have been found to be the result of anything but the ordinary method of washing a stairway. The dividing line did not create two separate stairways. Plaintiff’s evidence shows that the work of cleaning was going on at the time she started to go down. (Samuels v. Terry Holding Co., Inc., 227 App. Div. 68; Curtiss v. Lehigh Valley R. R. Co., 233 N. Y. 554; Abbott v. Richmond County Country Club, 211 App. Div. 231; affd., 240 N. Y. 693.) No opinion.

All concur. Present — MacCrate, Lewis and Smith, JJ.

Rigney v. Horn & Hardart Co., 164 Misc. 711, 299 N.Y.S. 335, 1937 N.Y. Misc. LEXIS 1835 (N.Y. Ct. App. 1937).

Pincite

164 Misc. 711 (Rigney v. Horn & Hardart Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related