Legal Opinion

Shaw v. Binghamton Lodge No. 852, B.P.O. Elks Home, Inc.

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

Decided November 16, 1989PublishedCited by 7 opinions

1Opinion of the Court

— Mercure, J.

Appeal from a judgment of the Supreme Court (Smyk, J.), entered July 11, 1988 in Broome County, upon a verdict rendered in favor of defendant.

Plaintiff brought this negligence action to recover for personal injuries sustained when he fell down an elevator shaft on defendant’s premises. The proof adduced at trial established that plaintiff opened the first-floor elevator door by depressing the door interlock with a screwdriver and, unaware that the elevator car was on the third floor, stepped into the dark elevator shaft, falling to the basement. The jury returned a verdict in…

2Cases cited6 opinions

  1. Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
  2. Halvorsen v. Ford Motor Co.Appellate Division of the Supreme Court of the State of New York · 1987
  3. Rowe v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1986
  4. Palermo v. GambitskyAppellate Division of the Supreme Court of the State of New York · 1983
  5. Jones v. SchockettAppellate Division of the Supreme Court of the State of New York · 1985

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Kirkpatrick v. Timber Log Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
  2. Martin v. SeamanAppellate Division of the Supreme Court of the State of New York · 1992
  3. Sprung v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1990
  4. Hall v. RemodelingAppellate Division of the Supreme Court of the State of New York · 1993
  5. Regelski v. WeberAppellate Division of the Supreme Court of the State of New York · 1994

2 more not listed; retrieve them via the Exa API.

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