Mundy v. Levy Bros. Realty Co.
Appellate Division of the Supreme Court of the State of New York
■ Appeal by the plaintiff, Ethel Mundy, from an order of the County Court of Kings county, entered in the office of the clerk of said county on the 13th day of December, 1917, setting aside the verdict of a jury in her favor for $2,500, and also from a judgment of said court entered in said clerk’s office on the 5th day of January, 1918, dismissing her complaint at the close of the case. Stipulation was made consenting to the reduction of said verdict to $2,000.
1Opinion of the Court
Blackmar, J.:
On May 5, 1915, the plaintiff, who resided in an apartment house owned by the defendant, was in the hall on the ground floor, standing on the lower steps of the stairs, with one hand *469resting on the elevator shaft, waiting for the elevator, when a door to the shaft, weighing about 150 pounds, fell from the fifth floor to the bottom of the shaft. The fall of the elevator, with the resulting noise, vibration and jar, caused plaintiff to lose her balance and fall, thereby receiving the injuries of which she complains.
When plaintiff rested at the trial, and again at the close of the…
2Cases cited4 opinions
- Mitchell v. . Rochester Railway Co.New York Court of Appeals · 1896
- Cohn v. Ansonia Realty Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Hack v. DadyAppellate Division of the Supreme Court of the State of New York · 1911
- Wood v. N.Y. Central and Hudson River Railroad Co.New York Court of Appeals · 1904
3Cited by8 opinions
- Block v. PascucciSupreme Court of Connecticut · 1930
- Clemm v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1928
- O'Brien v. MossAppellate Division of the Supreme Court of the State of New York · 1927
- Sider v. Reid Ice Cream Co.Appellate Terms of the Supreme Court of New York · 1925
- Gonsenhauser v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1959
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