Sciolaro v. Asch
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Joseph J. Asch, from a judgment of the Supreme Court in favor of the plaintiff, entered iu the office of the clerk of the county of New York on the lOtli day of March, 1908, upon the verdict of a jury for $12,500, and also from an order entered in said clerk’s office on the 12th day of March, 1908, denying the said defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
Action to recover damages for personal injuries alleged to have been caused by defendant’s negligence. The plaintiff was an employee of the firm of Beiter, Fruhauf & Co., which had leased from the appellant Asch the ninth floor of a building owned by him in the city of New York. The lease expressly provided that the tenant might use the elevator for the transportation of passengers or freight in common with the other tenants of the building. The plaintiff, an employee of the tenant, entered the elevator at the ninth floor for the purpose of descending to .the ground floor. The…
2Cases cited9 opinions
- Prescott v. Le ConteAppellate Division of the Supreme Court of the State of New York · 1903
- O'Rourke v. FeistAppellate Division of the Supreme Court of the State of New York · 1899
- Levine v. BaldwinAppellate Division of the Supreme Court of the State of New York · 1903
- Prescott v. . Le ConteNew York Court of Appeals · 1904
- Sulzbacher v. DickieNew York Court of Common Pleas · 1876
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3Cited by2 opinions
- Hicks v. SmithAppellate Division of the Supreme Court of the State of New York · 1913
- Horn v. DanzigerAppellate Terms of the Supreme Court of New York · 1920