Cuevas v. 73rd & Central Park West Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtBreitel, J.
The issue is whether an owner is liable to an infant for injuries sustained as a result of another child raising and dropping a public sidewalk grating-type cellar door on the infant’s hand. The door was not locked although it had a locking mechanism, because the mechanism was in disrepair. The trial court dismissed the complaint as a matter of law at the close of plaintiffs’ case.
The judgment should be affirmed.
Concededly no ordinance or statute requires that an owner who uses a cellar or vault entrance in the public way is required to keep the entrance locked or secured. If he does so, it…
2Cases cited8 opinions
- Jaked v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1921
- Jaked v. . the Board of Education of the City of AlbanyNew York Court of Appeals · 1922
- Basmajian v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1925
- Kalil v. Wolldenroot Operating Co.Appellate Court of Illinois · 1950
- Bauman v. Be-Jel Realty Corp.New York Supreme Court · 1939
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3Cited by6 opinions
- Ortiz v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2011
- Lopes v. Sears, Roebuck & Co.Appellate Division of the Supreme Court of the State of New York · 2000
- Tjepkema v. Rochdale Meat MarketAppellate Division of the Supreme Court of the State of New York · 1997
- Bautista v. 85th Columbus Corp.New York Supreme Court · 2013
- Cruz v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1988
1 more not listed; retrieve them via the Exa API.