Wroblewski v. Otis Elevator Co.

Appellate Division of the Supreme Court of New York

Wroblewski v. Otis Elevator Co.

25 A.D.2d 916, 270 N.Y.S.2d 399, 1966 N.Y. App. Div. LEXIS 4155

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

DecidedMay 20, 1966

StatusPublished

This text of 25 A.D.2d 916 (Wroblewski v. Otis Elevator 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

Wroblewski v. Otis Elevator Co., 25 A.D.2d 916, 270 N.Y.S.2d 399, 1966 N.Y. App. Div. LEXIS 4155 (N.Y. Ct. App. 1966).

Pincite

Opinion

Taylor, J.

In a personal injury negligence action defendant appeals from a judgment of the Supreme Court at Trial Term entered upon a jury verdict in favor of plaintiff. There have been previous appeals. (9 A D 2d 294; 20 A D 2d 732.) Plaintiff, employed as an elevator operator for the New York Telephone Company in its building in the City of Albany, New York, was injured on May 11, 1953 when the elevator which she was operating plunged downward forcibly striking the buffer in the pit at the foot óf the elevator shaft as the result of which she sustained personal injuries upon which she based her claim for damages. As grounds for reversal defendant argues that prejudicial evidence was admitted at the trial, that the summation of respondent’s counsel contained unwarranted and prejudicial comment and that the court committed material error in its charge. We have examined these assignments of error and find them either to be without merit or in [917]*917the context of this record to he of insufficient moment to require a reversal of the judgment. Plaintiff’s proof was sufficient to establish a cause of action. Judgment affirmed, with costs.

Gibson, P. J., Herlihy, Reynolds and Aulisi,'. JJ., concur.

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Taylor, J.

In a personal injury negligence action defendant appeals from a judgment of the Supreme Court at Trial Term entered upon a jury verdict in favor of plaintiff. There have been previous appeals. (9 A D 2d 294; 20 A D 2d 732.) Plaintiff, employed as an elevator operator for the New York Telephone Company in its building in the City of Albany, New York, was injured on May 11, 1953 when the elevator which she was operating plunged downward forcibly striking the buffer in the pit at the foot óf the elevator shaft as the result of which she sustained personal injuries upon which she based her claim for damages. As grounds for reversal defendant argues that prejudicial evidence was admitted at the trial, that the summation of respondent’s counsel contained unwarranted and prejudicial comment and that the court committed material error in its charge. We have examined these assignments of error and find them either to be without merit or in [917]*917the context of this record to he of insufficient moment to require a reversal of the judgment. Plaintiff’s proof was sufficient to establish a cause of action. Judgment affirmed, with costs.

Gibson, P. J., Herlihy, Reynolds and Aulisi,'. JJ., concur.

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Bluebook (online)

25 A.D.2d 916, 270 N.Y.S.2d 399, 1966 N.Y. App. Div. LEXIS 4155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wroblewski-v-otis-elevator-co-nyappdiv-1966.