Majority
p. 902Joseph Cusimano, an Infant, by Antonio Cusimano, His Guardian ad Litem, and Antonio Cusimano, Appellants, v. Raymond Strong, as Receiver of 1306 Coney Island Avenue Corporation, Respondent.
Action against a receiver in foreclosure to recover for damages sustained as a result of personal injuries alleged to be due to the fall of a dumbwaiter, the supporting rope of which gave way after having become worn and defective. Order dismissing the complaint for failure to state a cause of action affirmed, with ten dollars costs and disbursements. (Woman’s Hospital v. Louhern Realty Corp., 266 N. Y. 123 ; followed in New York Life Ins. Co. v. Hazlitt Realty Corp., Id. 454; Coughlin v. Otis Elevator Company, 244 App. Div. 815 ; Horan v. O’Reilly, 245 id. 761.) Lazansky, P. J., Young, Davis, Johnston and Adel, JJ., concur.
Cases cited
- Woman's Hospital v. Loubern Realty Corp. 266 N. Y. 123 p. 902