TAIBI v. BERK


8 Misc.2d 126 (1957)

Mario Taibi, Plaintiff, v. Martin Berk, Doing Business under the Name of Paramount Wrecking Co., Defendant.

City Court of the City of New York, Special Term, New York County.

October 31, 1957.


Attorney(s) appearing for the Case

Paul S. Mackinnon for defendant.

Samuel F. Berkon for plaintiff.


HAROLD BAER, J.

This case was tried before the court and a jury. A motion to dismiss was made by the defendant at the close of the plaintiff's case and at the close of the entire case. Decision on these motions was reserved.

The plaintiff, while walking on a city street, was hit on his head by a block of wood and rendered unconscious. The accident occurred under a scaffold or shed constructed in connection with the demolition of a building. The...

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