Legal Opinion

Zoda v. National City Bank

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

Decided December 4, 1939PublishedCited by 1 opinion

1Opinion of the CourtHagarty, J.

These are the usual actions by husband and wife for injuries sustained by the latter and for loss of services by the former.

On the 26th day of October, 1936, Concetta Zoda, hereinafter referred to as the plaintiff, caught her heel in a crack or open space at the head of a flight of stairs, causing her to lose her balance and fall down the stairway. The crack or open space was from one-half to three-quarters of an inch in width, and resulted from the falling away of the molding.

Ordinarily, the defendant could not be charged with liability for this defect, as the hall stairway in question was…

Also in this document: Concurrence.

2Cases cited4 opinions

  1. Kirshenbaum v. General Outdoor Advertising Co.New York Court of Appeals · 1932
  2. Dollard v. . RobertsNew York Court of Appeals · 1891
  3. Silverman v. Ulrika Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1933
  4. Zolla v. Young Women's Christian Ass'nAppellate Division of the Supreme Court of the State of New York · 1937

3Cited by1 opinion

  1. Miller v. NoyesAppellate Division of the Supreme Court of the State of New York · 1944

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