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Kelly v. Rose

Appellate Division of the Supreme Court of New York, Second Department
Dec 14, 1942
265 App. Div. 948 (N.Y. App. Div. 1942)

Opinion

December 14, 1942.


Plaintiff-wife sued to recover damages for personal injuries sustained when she slipped on a patch of ice on the sidewalk in front of appellant's premises; while her husband sought to recover for medical expenses and loss of services. Judgment reversed on the law, with costs, and the complaint dismissed on the law, with costs, on the authority of Connolly v. Bursch ( 149 App. Div. 772). Fitzgerald v. City of New Rochelle ( 259 App. Div. 1015) is not applicable to the facts in this case. Lazansky, P.J., Hagarty, Carswell, Adel and Close, JJ., concur. [See amended decision post, p. 1068.]


Summaries of

Kelly v. Rose

Appellate Division of the Supreme Court of New York, Second Department
Dec 14, 1942
265 App. Div. 948 (N.Y. App. Div. 1942)
Case details for

Kelly v. Rose

Case Details

Full title:DELIA KELLY et al., Respondents, v. MAURICE H. ROSE, Appellant, Impleaded…

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

Date published: Dec 14, 1942

Citations

265 App. Div. 948 (N.Y. App. Div. 1942)