Windisch v. City of New York

Appellate Division of the Supreme Court of New York

Windisch v. City of New York

264 A.D. 881, 35 N.Y.S.2d 593, 1942 N.Y. App. Div. LEXIS 5234

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

DecidedJune 15, 1942

StatusPublished

This text of 264 A.D. 881 (Windisch v. City of New York) 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

Windisch v. City of New York, 264 A.D. 881, 35 N.Y.S.2d 593, 1942 N.Y. App. Div. LEXIS 5234 (N.Y. Ct. App. 1942).

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Opinion

In an action to recover damages for personal injuries, plaintiff appeals from a judgment dismissing her complaint at the close of her ease, on a trial before the court and a jury. Judgment reversed on the law and a new trial granted, with costs to appellant to abide the event. On the evidence adduced by plaintiff, this case falls into the category of sidewalk cases, and the questions of defendant’s negligence and plaintiff’s contributory negligence are for the jury. (Mullins v. Siegel-Cooper Co., 183 N. Y. 129, 137; West v. City of New York, 265 id. 139, 144, 145.) It was error to dismiss the complaint. Lazansky, P. J., Carswell, Taylor and Close, JJ., concur; Johnston, J., dissents and votes to affirm the judgment on the ground that plaintiff failed to establish any actionable negligence on the part of the defendant.

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In an action to recover damages for personal injuries, plaintiff appeals from a judgment dismissing her complaint at the close of her ease, on a trial before the court and a jury. Judgment reversed on the law and a new trial granted, with costs to appellant to abide the event. On the evidence adduced by plaintiff, this case falls into the category of sidewalk cases, and the questions of defendant’s negligence and plaintiff’s contributory negligence are for the jury. (Mullins v. Siegel-Cooper Co., 183 N. Y. 129, 137; West v. City of New York, 265 id. 139, 144, 145.) It was error to dismiss the complaint. Lazansky, P. J., Carswell, Taylor and Close, JJ., concur; Johnston, J., dissents and votes to affirm the judgment on the ground that plaintiff failed to establish any actionable negligence on the part of the defendant.

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Bluebook (online)

264 A.D. 881, 35 N.Y.S.2d 593, 1942 N.Y. App. Div. LEXIS 5234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/windisch-v-city-of-new-york-nyappdiv-1942.

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