Roffenbender v. City of New York

Decision Date06 July 1965
Citation262 N.Y.S.2d 422,24 A.D.2d 581
PartiesLawrence ROFFENBENDER, an infant, etc., et al., Appellants, v. The CITY OF NEW YORK and The Brooklyn Public Library, Respondents.
CourtNew York Supreme Court — Appellate Division

Pizzitola & DiBlasi, Brooklyn, for appellants; David Kashman, Brooklyn, of counsel.

Leo A. Larkin, Corporation Counsel, New York City, for respondent City of New York; John A. Murray, New York City, of counsel.

Thomas V. Kingham, New York City, for respondent Public Library; Bernard Meyerson, Brooklyn, of counsel

In an action by the infant plaintiff to recover damages for personal injury, and by his father to recover damages for loss of services, as a result of the alleged negligent maintenance of a picket fence in front of a public library owned by the codefendant, The City of New York, the plaintiffs appeal from a judgment of the Supreme Court, Kings County, entered April 3, 1963 after a jury trial, dismissing the complaint at the close of their case. Judgment affirmed, without costs. No opinion.

UGHETTA, Acting P. J., and HILL and RABIN, JJ., concur.

CHRIST and BENJAMIN, JJ., dissent and vote to revers the judgment and to grant a new trial, with the following memorandum:

On September 7, 1955 the then six-year old infant plaintiff walked along the 22-inch high concrete base bordering the sidewalk in front of the building maintained by the defendants. Mounted on the concrete base was a 34-inch high iron picket fence. The infant plaintiff fell from the base and his chin caught on the top of one of the pickets. The complaint was dismissed at the close of the plaintiffs' case. In our opinion, it was a question of fact for the jury to determine whether this fence, which was adjacent to the street, constituted a substantial foreseeable danger to children. The Court of Appeals has so held in a number of cases involving a similar structure where the accident happened under similar circumstances (Shaw v. City of New York, 279 N.y. 666, 18 N.E.2d 306; Hayton v. McLaughlin, 289 N.Y. 66, 43 N.E.2d 813).

To continue reading

Request your trial
4 cases
  • Cruz v. New York City Transit Authority
    • United States
    • New York Supreme Court — Appellate Division
    • March 21, 1988
    ...N.Y.S.2d 207, affd. 296 N.Y. 886, 72 N.E.2d 615 [infant fell from a ledge on outside of a pedestrian bridge]; Roffenbender v. City of New York, 24 A.D.2d 581, 262 N.Y.S.2d 422, affd. 17 N.Y.2d 754, 270 N.Y.S.2d 214, 217 N.E.2d 38 [infant plaintiff fell from a 22-inch-high concrete base upon......
  • Cruz v. New York City Transit Authority
    • United States
    • New York Supreme Court — Appellate Division
    • February 1, 1993
    ...failed to prove that his fall was caused by a dangerous condition existing at the Elderts Lane station (see, Roffenbender v. City of New York, 24 A.D.2d 581, 262 N.Y.S.2d 422, affd 17 N.Y.2d 754, 270 N.Y.S.2d 214, 217 N.E.2d 38). Because there was no valid line of reasoning by which a plain......
  • Reese v. Long Island R. Co.
    • United States
    • New York Supreme Court — Appellate Division
    • July 6, 1965
    ... ...         George M. Onken, Jamaica, for appellant; Richard Dannay, New York City, of counsel ...         David H. Gilmartin, Southampton, for respondent; William J ... ...
  • People v. Leathers
    • United States
    • New York Supreme Court — Appellate Division
    • July 6, 1965
    ...262 N.Y.S.2d 422 ... 24 A.D.2d 704 ... The PEOPLE of the State of New York, Respondent, ... Charles LEATHERS, Appellant ... Supreme Court of New York, Appellate Division, ...         Anthony F. Marra, New York City, for appellant; Patrick M. Wall, New York City, of counsel ...         Appeal by defendant ... ...

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT