From Casetext: Smarter Legal Research

Ecker v. Monae-Lesser

Appellate Division of the Supreme Court of New York, Second Department
Nov 27, 1939
258 App. Div. 812 (N.Y. App. Div. 1939)

Opinion

November 27, 1939.


Plaintiff, a chauffeur in the employ of defendants, was injured when he fell on the floor of the dining room in defendants' home. The floor had been waxed. The proof shows the wax was applied one-quarter of an inch thick and was not dry at the time of the accident. Plaintiff's complaint sets forth two causes of action: one, the failure to provide workmen's compensation insurance, and the other, negligence. Plaintiff was nonsuited. In our opinion the plaintiff established a prima facie case on the second cause of action, and whether he was guilty of contributory negligence was for the jury to determine. Judgment reversed on the law and a new trial granted, with costs to appellant to abide the event. Lazansky, P.J., Hagarty, Carswell, Johnston and Close, JJ., concur.


Summaries of

Ecker v. Monae-Lesser

Appellate Division of the Supreme Court of New York, Second Department
Nov 27, 1939
258 App. Div. 812 (N.Y. App. Div. 1939)
Case details for

Ecker v. Monae-Lesser

Case Details

Full title:JOSEPH ECKER, Appellant, v. MOZART MONAE-LESSER and ISABELLA TAYLOR…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 27, 1939

Citations

258 App. Div. 812 (N.Y. App. Div. 1939)