Legal Opinion
Satre v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided December 23, 1942PublishedCited by 3 opinions
1Opinion of the CourtCallahan, J.
Plaintiff sued to recover damages for personal injuries sustained on November 28,1939, at about ten p.m. when he fell over an iron girder extending partly across the sidewalk of a city street. The action, founded in negligence and nuisance, *264was tried on the theory that on the day in question defendant was installing new curbing at the site of the accident. The so-called “ girder ” was in fact a metal curbing awaiting installation.
The dismissal of the complaint at the close of the plaintiff’s case was based on the failure of the plaintiff to prove actual or constructive notice to the city of…
2Cases cited5 opinions
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Matter of Roge v. ValentineNew York Court of Appeals · 1939
- Boylhart v. DiMarco & Reimann, Inc.New York Court of Appeals · 1936
- Glenn v. Oakdale Contracting Co., Inc.New York Court of Appeals · 1931
- Dirrane v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1934
3Cited by3 opinions
- Rupp v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1962
- Durkin v. IDI ConstructionNew York Supreme Court · 1999
- Procida v. City of New YorkNew York Court of Appeals · 1971