Yavorsky v. Alexander Smith & Sons Carpet Co.

Appellate Division of the Supreme Court of New York

Yavorsky v. Alexander Smith & Sons Carpet Co.

1 A.D.2d 892

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

DecidedMarch 30, 1956

StatusPublished

This text of 1 A.D.2d 892 (Yavorsky v. Alexander Smith & Sons Carpet 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

Yavorsky v. Alexander Smith & Sons Carpet Co., 1 A.D.2d 892 (N.Y. Ct. App. 1956).

Pincite

Opinion

Action to recover damages for personal injuries suffered when appellant fell while crossing respondent’s private way which connects two public streets. It was raining at the time, and the way was unlighted. Appellant’s foot contacted a cobblestone which was one of a line of such stones constituting a drain on the way. The conditions on the way had existed for at least ten years, to appellant’s knowledge. Appellant was using the way as a short cut for his own convenience. The evidence is undisputed. At the close of the entire case, the court granted a motion to dismiss the complaint on the grounds that there was no duty owing to appellant from respondent and that the evidence is legally insufficient to establish a dangerous condition on the way or appellant’s freedom from contributory negligence. The appeal is from the judgment entered thereon. Judgment unanimously affirmed, with costs. No opinion. Present — Beldock, Acting P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ.

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Action to recover damages for personal injuries suffered when appellant fell while crossing respondent’s private way which connects two public streets. It was raining at the time, and the way was unlighted. Appellant’s foot contacted a cobblestone which was one of a line of such stones constituting a drain on the way. The conditions on the way had existed for at least ten years, to appellant’s knowledge. Appellant was using the way as a short cut for his own convenience. The evidence is undisputed. At the close of the entire case, the court granted a motion to dismiss the complaint on the grounds that there was no duty owing to appellant from respondent and that the evidence is legally insufficient to establish a dangerous condition on the way or appellant’s freedom from contributory negligence. The appeal is from the judgment entered thereon. Judgment unanimously affirmed, with costs. No opinion. Present — Beldock, Acting P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ.

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Bluebook (online)

1 A.D.2d 892, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yavorsky-v-alexander-smith-sons-carpet-co-nyappdiv-1956.