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

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 15, 1937

StatusPublished

This text of 164 Misc. 711 (Rigney v. Horn & Hardart Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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.

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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.

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Bluebook (online)

164 Misc. 711, 299 N.Y.S. 335, 1937 N.Y. Misc. LEXIS 1835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rigney-v-horn-hardart-co-nyappterm-1937.

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