Kossower v. Keren Corp. — 245 N.Y. 640

Majority

p. 640

Rebecca Kossower, as Administratrix of the Estate of Isaac Kossower, Deceased, Respondent, v. Keren Corporation, Appellant.

(Argued June 21, 1927;

decided July 20, 1927.)

Headnote

Negligence — elevators — death from fall down elevator shaft.

Kossower v. Keren Corp., 219 App. Div. 780 , affirmed.

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

p. 641

entered February 23, 1927, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendant. Intestate some twenty minutes after delivering meat to one of defendant’s tenants on the third floor of its apartment house was found dead at the bottom of the elevator shaft. It was shown that if the doors to the shaft were properly closed they could not be opened from the outside.

William Dike Reed and William B. Shelton for appellant.

Alfred M. Bailey and Moses Feltenstein for respondent.

Judgment affirmed, with costs; no opinion.

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