Heinsohn v. Olnick — 239 N.Y. 546

Majority

p. 546

Ada H. Heinsohn, Respondent, v. Michael Olnick et al., as Copartners under the Firm Name of Olnick Brothers, Appellants. Augereau G. Heinsohn, Respondent, v. Michael Olnick et al., as Copartners under the Firm Name of Olnick Brothers, Appellants.

Headnote

Negligence — restaurant — injury to patron of restaurant by fall of plaster from ceiling.

Heinsohn v. Olnick, 208 App. Div. 834 (2 cases), affirmed.

(Argued October 9, 1924;

decided October 24, 1924.)

Appeal, in each of the above-entitled actions, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 12, 1924, affirming a judgment in favor of plaintiff entered upon a verdict. The first action was brought to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. The second action was brought by the husband of the plaintiff in the first to recover for loss of her services and medical

p. 547

expenses by reason of such accident. The accident and injury of which the plaintiffs complain happened to the wife while she was dining in the Burnham restaurant, located at Broadway, corner of Ninety-sixth street, in the city of New York, July 10, 1920, at about half-past five o’clock in the afternoon, by the falling of a piece of plaster from the ceiling, striking her upon the head and causing the injuries complained of.

D-Cady Herrick and Julius Blumoffe for appellants.

L. Horatio Biglow, Jr., for respondents.

Judgment in each case affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.