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Olsen v. Fennia Realty Co.

218 A.D. 863 Court N.Y. App. Div. English

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Majority

p. 863
Helen M. Olsen, an Infant, by Charles Olsen, Her Guardian ad Litem,
p. 864
Respondent, v. Fennia Realty Co., Inc., Appellant.

Judgment and order affirmed, with costs. No opinion. Kelly, P. J., Manning and Tfoung, JJ., concur; Kapper and Lazansky, JJ., dissent, and vote to reverse, upon the ground that the infant plaintiff was a trespasser, and has no cause of action unless one is created by reason of a violation of the ordinances,[1] which, in their opinion, have no application here; and that the ordinances were designed for the protection of pedestrians on the sidewalks.

* See Code of Ordinances of the City of New York, chap. 5 (Building Code), §§ 191, 192.—[Rep.