Arnheim v. Hecht — 242 N.Y. 584

Majority

p. 584

Morris Arnheim, Respondent, v. Simon E. Hecht et al., Appellants.

Headnote

Negligence —• streets — defect in covering of vault maintained in front of premises ■— injury to pedestrian from fall caused by catching foot in hole.

Arnheim v. Hecht, 215 App. Div. 764 , affirmed.

(Argued March 31, 1926;

decided May 4, 1926.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 17, 1925, affirming a judgment in

p. 585

favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendants. The complaint alleged that plaintiff while walking on the west side of Broadway in the borough of Manhattan caught his foot in a hole in a steel and glass vault covering maintained by defendants in front of their premises and falling received the injuries complained of.

Walter L. Glenney and Bertrand L. Pettigrew for appellants.

Harold R. Medina and Nathan Gordon for respondent.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, Crane and Lehman, JJ. Dissenting: McLaughlin, J. Absent: Andrews, J.