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Simmons v. Poughkeepsie Savings Bank

255 A.D. 887, 7 N.Y.S.2d 993, 1938 N.Y. App. Div. LEXIS 5769
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 28, 1938
StatusPublished
Cited by7 cases

This text of 255 A.D. 887 (Simmons v. Poughkeepsie Savings Bank) 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
Simmons v. Poughkeepsie Savings Bank, 255 A.D. 887, 7 N.Y.S.2d 993, 1938 N.Y. App. Div. LEXIS 5769 (N.Y. Ct. App. 1938).

Opinion

Action to recover for personal injuries sustained by the infant plaintiff when a chimney on a rear extension roof of defend[888]*888ant’s premises fell on him while he was playing on the roof. Judgment of the County Court of Dutchess county in favor of plaintiff reversed on the law, with costs, and complaint dismissed, with costs. Appeal from order denying defendant’s motion to set aside the verdict and for a new trial dismissed. In our opinion the infant plaintiff was a mere licensee. He was on the roof for his own purposes only and the defendant’s acquiescence did not become an invitation. (Walker v. Bachman, 268 N. Y. 294; Vega v. Lange, 248 App. Div. 521 [1st Dept.].) Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ., concur.

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Bluebook (online)
255 A.D. 887, 7 N.Y.S.2d 993, 1938 N.Y. App. Div. LEXIS 5769, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simmons-v-poughkeepsie-savings-bank-nyappdiv-1938.