Einhorn v. West 67th Street Garage, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, West 67th Street Garage, Inc., from an order and determination of the Appellate Term ; of the Supreme Court, First Department, entered in the office of the clerk of the county of New York on the 17th day of July, 1919, reversing a judgment of the Municipal Court, Borough of Manhattan, Ninth District, in favor of the I defendant.
1Opinion of the Court
Philbin, J.:
The defendant conducted a garage for the storage of automobiles, and plaintiff kept his automobile there. The action is brought to recover $782 for damages to the automobile while in defendant’s place through alleged negligence of defendant.
On the evening of April 21, 1918, while plaintiff’s automobile was about.to be lowered on the elevator from the second floor to the first floor of the garage, and when the rear wheels were already on the first floor, and the car partly on the elevator, the latter suddenly and without warning ascended to the second floor, leaving the car hanging…
2Cases cited2 opinions
- Morman v. Rochester Machine Screw Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Cogswell v. Rochester Machine Screw Co.Appellate Division of the Supreme Court of the State of New York · 1899