Kirsch v. City of New York
| Decision Date | 25 November 1942 |
| Citation | 289 N.Y. 684,45 N.E.2d 334 |
| Parties | Samuel KIRSCH, Appellant, v. CITY OF NEW YORK, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from Supreme Court, Appellate Division, First Department, 256 App.Div. 903, 9 N.Y.S.2d 798.
Action by Samuel Kirsch against the City of New York for injuries sustained when plaintiff fell on a public sidewalk in front of vacant premises, due to an allegedly icy condition of the sidewalk. A judgment for plaintiff was reversed and the complaint was dismissed by the Appellate Division, 256 App.Div. 903, 9 N.Y.S.2d 798, on the ground that no actionable negligence on the part of the defendant was proved.
Plaintiff appealed to the Court of Appeals from the judgment of the Appellate Division and moved to prosecute the appeal as a poor person and on original papers, and a motion was made to dismiss the appeal. The Court of Appeals, 288 N.Y. 734, 43 N.E.2d 355, granted a motion to dismiss the appeal and dismissed the appeal on condition, and granted the motion to prosecute the appeal as a poor person and upon original papers.
Judgment affirmed.
Judgment affirmed.
All concur.
To continue reading
Request your trial
-
Valentine v. City of New York
...the orders of this court which had reversed judgments against the City where the accidents occurred five days (see Kirsch v. City of New York, 289 N.Y. 684, 45 N.E.2d 334, aff'g 256 App.Div. 903, 9 N.Y.S.2d 798) and eight days (seeReutlinger v. City of New York, 281 N.Y. 592, 22 N.E.2d 165,......
-
Christenson v. City of New York
...was negligent in failing to remove the accumulated ice (Staub v. City of New York, 295 N.Y. 612, 64 N.E.2d 353; Kirsch v. City of New York, 289 N.Y. 684, 45 N.E.2d 334; Reutlinger v. City of New York, 281 N.Y. 592, 22 N.E.2d 165; Seltzer v. City of New York, 266 App.Div. 880, 42 N.Y.S.2d 87......
-
In re Monty's Estate
...289 N.Y. 68545 N.E.2d 334In re MONTY'S ESTATECourt of Appeals of New York.Nov. 25, 1942 ... Appeal from Supreme Court, Appellate Division, Third Department, 264 ... ...