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Myers v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 1934
242 App. Div. 695 (N.Y. App. Div. 1934)

Opinion

July, 1934.


Judgment as against defendant Triest Contracting Corporation unanimously affirmed, with costs. That part of the judgment dismissing the complaint as against the city of New York is reversed on the law and a new trial granted, with costs to plaintiff, appellant, to abide the event, on the ground that it was a question of fact as to whether the city was negligent in respect to the barricade erected on Hillside avenue around the ventilating shaft leading down to the subway construction, on the authority of Giglio v. New York Telephone Co. ( 238 App. Div. 503) ; Metzroth v. City of New York ( 241 N.Y. 470), and Hirsch v. Schwartz Cohn (256 id. 7). Lazansky, P.J., Young, Hagarty, Scudder and Davis, JJ., concur.


Summaries of

Myers v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 1934
242 App. Div. 695 (N.Y. App. Div. 1934)
Case details for

Myers v. City of New York

Case Details

Full title:WILLARD L. MYERS, as Administrator, etc., of EUGENE W. MYERS, Deceased…

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

Date published: Jul 1, 1934

Citations

242 App. Div. 695 (N.Y. App. Div. 1934)