VERGANO v. CITY OF NEW YORK


286 A.D. 1113 (1955)

Frank J. Vergano, Appellant, v. City of New York, Respondent and Third-Party Plaintiff. Brooklyn Eagle, Inc., Third-Party Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 28, 1955.


Judgment, insofar as appealed from, reversed on the law and new trial granted, with costs to appellant to abide the event.

It was error for the Trial Justice to refuse to charge, as requested by appellant, that there was a statutory duty imposed upon the respondent to properly light the part of the premises adjacent to the freight elevator. Concededly, respondent owned the premises and the building in which the accident occurred. It was likewise conceded that the...

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