Rosenthal v. City of Syracuse

Appellate Division of the Supreme Court of New York

Rosenthal v. City of Syracuse

250 A.D. 836, 295 N.Y.S. 41, 1937 N.Y. App. Div. LEXIS 9235

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

DecidedMarch 31, 1937

StatusPublished

This text of 250 A.D. 836 (Rosenthal v. City of Syracuse) 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

Rosenthal v. City of Syracuse, 250 A.D. 836, 295 N.Y.S. 41, 1937 N.Y. App. Div. LEXIS 9235 (N.Y. Ct. App. 1937).

Pincite

Opinion

Judgment and order reversed on the law and the facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: Error occurred in the charge to the jury of the theory upon which the jury was permitted to predicate negligence. The action of the city in adopting the ordinance was governmental and the failure to enforce the ordinance could not be in and of itself negligence. The liability of the city, if any, must rest upon a failure to keep its sidewalks in a reasonably safe condition for use by pedestrians. All concur. (The judgment awards plaintiff damages for personal injuries resulting from fall on skylight in sidewalk. The order denies motion for a new trial on the minutes.) Present —• Sears, P. J., Edgcomb, Crosby, Lewis and Cunningham, JJ.

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

Judgment and order reversed on the law and the facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: Error occurred in the charge to the jury of the theory upon which the jury was permitted to predicate negligence. The action of the city in adopting the ordinance was governmental and the failure to enforce the ordinance could not be in and of itself negligence. The liability of the city, if any, must rest upon a failure to keep its sidewalks in a reasonably safe condition for use by pedestrians. All concur. (The judgment awards plaintiff damages for personal injuries resulting from fall on skylight in sidewalk. The order denies motion for a new trial on the minutes.) Present —• Sears, P. J., Edgcomb, Crosby, Lewis and Cunningham, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

250 A.D. 836, 295 N.Y.S. 41, 1937 N.Y. App. Div. LEXIS 9235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosenthal-v-city-of-syracuse-nyappdiv-1937.