Kaplan v. J. C. Lyons Building & Operating Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the City Court of the city of ¡New York, entered in favor of the plaintiff upon the verdict of a jury, and also' from an order denying a motion for a new trial.
1Opinion of the CourtHendrick, J.
The weight of the evidence does not sustain the plaintiff’s contention. He is uncorroborated, and describes a condition of affairs that is highly improbable, if not impossible. It is not contended that the elevator and *316machinery were not in perfect order, so that the only negligence attempted to he shown was in the act of defendant’s servant, the elevator attendant. On that point the evidence of the defendant is positive that the elevator man was not in the building at the time; and it would require more than the impossible story of the plaintiff to overcome that testimony. Moreover, I do not…
2Cases cited1 opinion
- Green v. Urban Contracting & Heating Co.Appellate Division of the Supreme Court of the State of New York · 1905
3Cited by2 opinions
- Sackheim v. . PigueronNew York Court of Appeals · 1915
- Sgandurra v. 220 Estates, Inc.New York Supreme Court · 1945