Shields v. D. D. L. Realty Co.

Appellate Division of the Supreme Court of New York

Shields v. D. D. L. Realty Co.

258 A.D. 34, 15 N.Y.S.2d 529, 1939 N.Y. App. Div. LEXIS 6348

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

DecidedNovember 17, 1939

StatusPublished

This text of 258 A.D. 34 (Shields v. D. D. L. Realty Co.) 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

Shields v. D. D. L. Realty Co., 258 A.D. 34, 15 N.Y.S.2d 529, 1939 N.Y. App. Div. LEXIS 6348 (N.Y. Ct. App. 1939).

Pincite

Opinion

Per Curiam.

The testimony of the plaintiff Pauline Shields only established that she had slipped and fallen on one of the steps of the defendant’s premises. The uncontradicted evidence of the defendant’s superintendent, called as a witness by the plaintiff, established that the step on which she slipped, though previously [35]*35washed by the superintendent, had been dried by him. There was, therefore, no negligence established on the part of the defendant.

The judgment should be reversed, with costs, and the complaint dismissed, with costs.

Present — Martin, P. J., Town let, Untermtbr, Cohn and Callahan, JJ.

Judgment unanimously reversed, with costs, and the complaint dismissed, with costs.

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Per Curiam.

The testimony of the plaintiff Pauline Shields only established that she had slipped and fallen on one of the steps of the defendant’s premises. The uncontradicted evidence of the defendant’s superintendent, called as a witness by the plaintiff, established that the step on which she slipped, though previously [35]*35washed by the superintendent, had been dried by him. There was, therefore, no negligence established on the part of the defendant.

The judgment should be reversed, with costs, and the complaint dismissed, with costs.

Present — Martin, P. J., Town let, Untermtbr, Cohn and Callahan, JJ.

Judgment unanimously reversed, with costs, and the complaint dismissed, with costs.

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Bluebook (online)

258 A.D. 34, 15 N.Y.S.2d 529, 1939 N.Y. App. Div. LEXIS 6348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shields-v-d-d-l-realty-co-nyappdiv-1939.