Suchovalsky v. City of New York

Appellate Terms of the Supreme Court of New York

Suchovalsky v. City of New York

126 N.Y.S. 699

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 5, 1911

StatusPublished

This text of 126 N.Y.S. 699 (Suchovalsky v. City of New York) 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

Suchovalsky v. City of New York, 126 N.Y.S. 699 (N.Y. Ct. App. 1911).

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Opinion

GIEGERICH, J.

This is an action to recover damages for personal injuries sustained by the plaintiff in falling into an excavation in one of the streets of the city of New York. As there was no evidence that the defendant had actual knowledge of the excavation, or that it had existed for such length of time as to justify the imputation of knowledge, there was no sufficient support for the claim that the city had been negligent in failing properly to guard the excavation. McDonald v. Degnon-McLean Contracting Co., 124 App. Div. 824, 827, 828, 109 N. Y. Supp. 519; Buckley v. City of New York, 135 App. Div. 512, 514, 515, 120 N. Y. Supp. 423.

The judgment, consequently, was not sustained by the evidence, and should be reversed,- and a new trial ordered, with costs to the appellant to abide the event.

Judgment reversed, and new trial ordered, with costs to the appellant to abide the event. All concur.

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GIEGERICH, J.

This is an action to recover damages for personal injuries sustained by the plaintiff in falling into an excavation in one of the streets of the city of New York. As there was no evidence that the defendant had actual knowledge of the excavation, or that it had existed for such length of time as to justify the imputation of knowledge, there was no sufficient support for the claim that the city had been negligent in failing properly to guard the excavation. McDonald v. Degnon-McLean Contracting Co., 124 App. Div. 824, 827, 828, 109 N. Y. Supp. 519; Buckley v. City of New York, 135 App. Div. 512, 514, 515, 120 N. Y. Supp. 423.

The judgment, consequently, was not sustained by the evidence, and should be reversed,- and a new trial ordered, with costs to the appellant to abide the event.

Judgment reversed, and new trial ordered, with costs to the appellant to abide the event. All concur.

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Bluebook (online)

126 N.Y.S. 699, Counsel Stack Legal Research, https://law.counselstack.com/opinion/suchovalsky-v-city-of-new-york-nyappterm-1911.

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