Legal Opinion

Kaplan v. J. C. Lyons Building & Operating Co.

Appellate Terms of the Supreme Court of New York

Decided November 12, 1909PublishedCited by 2 opinions

Appeal from City Court of New. York, Trial Term. Action by Moses Kaplan against the J. C. Lyons Building & Operating Company for personal injuries. From an ord^r setting aside a verdict for plaintiff, he appeals.

1Per curiam

The action is to recover for personal injuries. It appears from plaintiff’s evidence that on July 3, 1905, plaintiff went to-defendant’s building for the purpose of delivering a bundle to a tenant of defendant; that in the rear of the said building was a passenger elevator, under the operation and control of defendant,; that the door of the elevator was open, but the operator was not present; that plaintiff did not at first observe the absence of the operator, as the place was not well lighted, and entered the elevator, expecting to be taken up in it to the floor where said tenant’s place was…

2Cases cited3 opinions

  1. Swartout v. WillinghamNew York Supreme Court · 1893
  2. Rippe v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
  3. Rippe v. Metropolitan St. Ry. Co.Appellate Division of the Supreme Court of the State of New York · 1898

3Cited by2 opinions

  1. Metzler v. FarberAppellate Terms of the Supreme Court of New York · 1911
  2. Sater v. SalomonAppellate Terms of the Supreme Court of New York · 1912

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