Legal Opinion

Ancess v. Trebuhs Realty Co.

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

Decided March 19, 1963PublishedCited by 7 opinions

1Per curiam

Plaintiff, an employee of a tenant in a commercial building owned by defendant at 1700 Broadway in Man*119hattan, was injured on July 18, 1957, when he fell as he stepped from the roof into a hall of the building. A board atop a box— which plaintiff was using as a step — tipped and tilted, causing him to fall. A jury awarded plaintiff $13,500 in damages.

Defendant contends that there was no proof from which a jury could infer that, at the time of the injuries, plaintiff was an invitee upon the roof of the building; and that the Trial Justice should have ruled as a matter of law that plaintiff was…

2Cases cited5 opinions

  1. Vaughan v. . Transit Development Co.New York Court of Appeals · 1917
  2. Mendelowitz v. NeisnerNew York Court of Appeals · 1932
  3. Heskell v. Auburn Light, Heat & Power Co.New York Court of Appeals · 1913
  4. Keesey v. O'ReillyAppellate Division of the Supreme Court of the State of New York · 1918
  5. George Avlon v. Greencha Holding Corp.Court of Appeals for the Second Circuit · 1956

3Cited by7 opinions

  1. Backiel v. Citibank, N.A.Appellate Division of the Supreme Court of the State of New York · 2002
  2. Thomas v. E-Z Mart Stores, Inc.Supreme Court of Oklahoma · 2004
  3. Jossel v. FilicoriAppellate Division of the Supreme Court of the State of New York · 1997
  4. Prospect Owners Corp. v. SandmeyerAppellate Division of the Supreme Court of the State of New York · 2009
  5. Di Blasio v. BlakeAppellate Division of the Supreme Court of the State of New York · 1975

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