Wilson v. Jaybro Realty & Dev. Co.
| Decision Date | 14 January 1943 |
| Citation | 46 N.E.2d 497,289 N.Y. 410 |
| Court | New York Court of Appeals Court of Appeals |
| Parties | WILSON et al. v. JAYBRO REALTY & DEVELOPMENT CO., Inc., et al. |
OPINION TEXT STARTS HERE
Appeal from Supreme Court, Appellate Division, Second Department.
Action by Josephine C. Wilson and another against the Jaybro Realty and Development Company, Inc., and another to recover for injuries sustained by Josephine C. Wilson in fall after stepping into an opening in concrete sidewalk, and for resultant loss of her services. The plaintiffs had a verdict against both defendants. Judgment in favor of plaintiffs was entered against the named defendant, and trial term set aside verdict against the other defendant and granted that defendant a new trial. The named defendant and the plaintiffs cross-appealed to the Appellate Division. From a judgment of the Appellate Division of the Supreme Court in the second judicial department, 264 App.Div. 776, 34 N.Y.S.2d 719, entered June 2, 1942, on an order of the Appellate Division, which reversed on the law a judgment in favor of the plaintiffs and against the Jaybro Realty and Development Company, entered on a verdict rendered at the Trial Term (Cuff, J.) and directed a dismissal of the complaint on the law, and modified, on the law, and affirmed as modified an order of the Trial Court setting aside such verdict as against the Manhattan Food Stores, Inc., which modification consisted of striking from the decretal paragraph of the order of the trial court the words ‘a new trial granted’ and inserting in place thereof the words ‘complaint dismissed on the law, with costs', and granting a new trial, the plaintiffs appeal.
Judgment and order reversed, and case remitted to Appellate Division.
LEHMAN, C. J., dissenting. Milo O. Bennett, of New York City, and John H. Munley and George J. Meade, both of Great Neck, for appellants.
William B. Shelton and William J. McArthur, both of New York City, for respondent Jaybro Realty & Development Co., Inc.
Edward T. Costello, of New York City, for respondent Manhattan Food Stores, Inc.
The defendants are landlord and tenant. The demised premises were used by the defendant-tenant as a grocery store. The female plaintiff, a customer of the defendant-tenant, on leaving the store in the day-time, stepped into an opening in the concrete sidewalk and fell. In these actions to recover damages for her consequent injuries and for resultant loss of her services, the plaintiffs had a verdict against both defendants. The Trial Term set aside the verdict against the defendant-tenant and granted that defendant a new trial. Judgment in favor of the plaintiffs was entered against the defendant-landlord on the verdict.
On cross-appeals by the defendant-landlord and by the plaintiffs, the Appellate Division directed (1) that the judgment so appealed from be reversed on the law and the complaint dismissed on the law; and (2) that the order so appealed from be modified on the law by striking therefrom the...
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Hutchinson v. Sheridan Hill House Corp.
...magnify the dangers it poses, so that it “unreasonably imperil[s] the safety of” a pedestrian (Wilson v. Jaybro Realty & Dev. Co.,289 N.Y. 410, 412, 46 N.E.2d 497 [1943]).The repetition of the phrase “not constituting a trap” in many Appellate Division opinions should not be taken to limit ......
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Hutchinson v. Sheridan Hill House Corp.
...magnify the dangers it poses, so that it “unreasonably imperil[s] the safety of” a pedestrian (Wilson v. Jaybro Realty & Dev. Co., 289 N.Y. 410, 412, 46 N.E.2d 497 [1943] ). The repetition of the phrase “not constituting a trap” in many Appellate Division opinions should not be taken to lim......
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Parker v. City and County of Denver
...inches--in depth or constitutes 'a trap'. See, e. g., Norbury v. City of Buffalo, 246 N.Y. 605, 159 N.E. 669; Wilson v. Jaybro Realty & Development Co., 289 N.Y. 410, 46 N.E.2d 497; Dowd v. City of Buffalo, 290 N.Y. 895, 50 N.E.2d 297; Lynch v. City of Beacon, 295 N.Y. 872, 67 N.E.2d 515; P......
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Dist. Of D.C. v. Williams.
...New York, 267 App.Div. 535, 47 N.Y.S.2d 324. Furthermore, in 1943, the highest court of New York, in Wilson v. Jaybro Realty & Development Co., Inc., 289 N.Y. 410, 412, 46 N.E.2d 497, 498, made the following statement: ‘There is no rule that a hole in a public thoroughfare must under all ci......