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Swartz v. Sixty Wall Tower, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 7, 1947
272 App. Div. 771 (N.Y. App. Div. 1947)

Opinion

April 7, 1947.


Action to recover damages for personal injuries sustained by plaintiff when, upon undertaking to deliver a telegram to an office in the defendant's building, she was cut by breaking glass in the office door. Judgment reversed on the facts and a new trial granted, with costs to appellant to abide the event. The verdict is against the weight of the evidence.


There was no proof of a defective condition or of such a condition of danger as would warrant a finding of negligence on the part of defendant. ( McCabe v. Mackay, 253 N.Y. 440.) Moreover, plaintiff did not establish that there was any causal relation between the claimed dimness of light and the accident. ( Dickerson v. Long Island R.R. Co., 266 App. Div. 852; White v. Lehigh Valley R.R. Co., 220 N.Y. 131.)


Summaries of

Swartz v. Sixty Wall Tower, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 7, 1947
272 App. Div. 771 (N.Y. App. Div. 1947)
Case details for

Swartz v. Sixty Wall Tower, Inc.

Case Details

Full title:RITA SWARTZ, Respondent, v. SIXTY WALL TOWER, INC., Appellant

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

Date published: Apr 7, 1947

Citations

272 App. Div. 771 (N.Y. App. Div. 1947)