Legal Opinion

Giglio v. Rubin

Appellate Division of the Supreme Court of the State of New York

Decided May 1, 1951PublishedCited by 3 opinions

1Opinion of the CourtMcCurn, J.

This is an appeal from a judgment entered upon a nonsuit and dismissal of the complaint at the end of plaintiff’s case after a jury trial.

The action is to recover damages for personal injuries sustained by the plaintiff while assisting an employee of the defendant in the performance of his duties, at the request of the employee.

Defendant conducts a fruit and vegetable market in connection with which he maintains an outside fruit stand. The stand is on ball-bearing rollers and is movable. A scale is suspended immediately above the stand from a hook at the end of a steel bar extending from the…

2Cases cited10 opinions

  1. Rounds v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1876
  2. Sharp v. . Erie R.R. Co.New York Court of Appeals · 1906
  3. Ferro v. Leopold Sinsheimer Estate, Inc.New York Court of Appeals · 1931
  4. Golden v. Horn & Hardart Co.Appellate Division of the Supreme Court of the State of New York · 1935
  5. Golden v. Horn Hardart Company, Inc.New York Court of Appeals · 1936

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3Cited by3 opinions

  1. Wilder v. AyersAppellate Division of the Supreme Court of the State of New York · 1956
  2. Simon v. Ora Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1953
  3. Skatteforvaltningen v. MarkowitzCourt of Appeals for the Second Circuit · 2026

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