Steinhardt v. Winter

Appellate Division of the Supreme Court of New York

Steinhardt v. Winter

264 A.D. 232, 35 N.Y.S.2d 231, 1942 N.Y. App. Div. LEXIS 4118

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

DecidedJune 5, 1942

StatusPublished

This text of 264 A.D. 232 (Steinhardt v. Winter) 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

Steinhardt v. Winter, 264 A.D. 232, 35 N.Y.S.2d 231, 1942 N.Y. App. Div. LEXIS 4118 (N.Y. Ct. App. 1942).

Pincite

Opinion

Per Curiam.

The Administrative Code of the City of New York (§ 82d7-4.0) provides that awnings “ shall be at least six feet in the clear above the sidewalk.” The metal awning bar which plaintiff struck, according to the evidence, was not six feet in the clear above the sidewalk, and was accordingly an unlawful obstruction over the throughfare. Moreover, there was proof that defendant had knowledge of the defective condition for at least three or four days before the accident.

Plaintiff made out a prima facie case and the issues in the action should have been submitted to the jury for their determination.

The judgment should be reversed, with costs to the appellant, and a new trial ordered.

Present — Martin, P. J., Townley, Glennon, Cohn and Callahan, JJ.

Judgment unanimously reversed, with costs, and a new trial ordered.

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