Legal Opinion

Zelzer v. Cook

Appellate Terms of the Supreme Court of New York

Decided March 15, 1909PublishedCited by 2 opinions

Appeal by the plaintiff from a judgment in favor of the defendants, rendered in the Municipal Court of the city of Hew York, seventh district, borough of Manhattan.

1Opinion of the CourtGildersleeve, J.

Plaintiff was injured by falling into a coal-hole on the sidewalk in front of premises owned by defendant DonnoIIy and leased by her to defendant Cook. The uncontradicted evidence of plaintiff shows that he was walking on the sidewalk and stepped on the cover of the coal-hole, which seemed to be in proper condition, but which, in fact, was defective, and that plaintiff fell into the chute, was injured and was taken to the hospital; that he was unable to follow his occupation and received medical treatment for about three weeks; that he still suffers pain in his leg, and that his loss of…

2Cases cited2 opinions

  1. Irvine v. . WoodNew York Court of Appeals · 1872
  2. Jennings v. . Van SchaickNew York Court of Appeals · 1888

3Cited by2 opinions

  1. Marston v. FrisbieAppellate Division of the Supreme Court of the State of New York · 1915
  2. Parker v. Jenkins, New York County Courts1930

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