O'Mahony v. Fando — 245 N.Y. 593

Majority

p. 593

Lillian O’Mahony, Respondent, v. Benjamin M. Fando et al., Defendants, and The Fando Realty Corporation, Appellant.

(Argued May 17, 1927;

decided May 31, 1927.)

Headnote

Negligence — nuisance — streets — injury to pedestrian from falling into unguarded excavation close to sidewalk.

O’Mahony v. Fando, 218 App. Div. 833 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department.,

p. 594

entered January 3, 1927, affirming a judgment in 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. Plaintiff was injured by falling into an unguarded excavation close to the sidewalk on Eighth avenue between Forty-, eighth and Forty-ninth streets in the borough of Manhattan, made in connection with repairs to a building in possession of defendant, appellant.

Harold R. Medina, Edward Gluck and Jay A. Gilman for appellant.

David C. Munson and Jeremiah A. O’Leary for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.