Legal Opinion
Morgenstern v. F. W. Woolworth & Co.
New York Supreme Court
Decided April 9, 1959PublishedCited by 4 opinions
1Opinion of the CourtBernard S. Meter, J.
The complaint herein seeks damages for a fractured shoulder sustained May 26, 1953 in the defendant’s store at Levittown, Long Island. At the end of plaintiffs’ case defendant moves for dismissal of the complaint. Motion granted.
Viewed in the light most favorable to the plaintiff, the facts are as follows:
The Weather Bureau report for New York City and vicinity on the day of the accident shows that for the hour ending at 3:00 p.m. there was .02 inches of precipitation, for the hour ending at 4:00 p.m. there was .03 inches of precipitation, for the hour ending 5:00 p.m. there was a trace too…
2Cases cited7 opinions
- Miller v. Gimbel Bros., Inc.New York Court of Appeals · 1933
- Pignatelli v. Gimbel Bros.Appellate Division of the Supreme Court of the State of New York · 1955
- Antenen v. New York Telephone CompanyNew York Court of Appeals · 1936
- Spaulding v. ChristakosNew York Court of Appeals · 1946
- Dolan v. Hotel Campbell, Inc.Appellate Division of the Supreme Court of the State of New York · 1940
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Jeffries v. Safeway Stores, Inc.Nebraska Supreme Court · 1964
- Spagnolia v. United StatesDistrict Court, W.D. New York · 1984
- Crawford v. City UniversityNew York Court of Claims · 1986
- Dykeman v. Great Atlantic & Pacific Tea Co.Civil Court of the City of New York · 1972