ANCESS v. TREBUHS REALTY


18 A.D.2d 118 (1963)

Harry Ancess, Respondent, v. Trebuhs Realty Co., Inc., Appellant

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

March 19, 1963.


Attorney(s) appearing for the Case

James M. McLaughlin, Jr., of counsel (Terhune, Gibbons & Mulvehill, attorneys), for appellant.

George J. Malinsky of counsel (Abraham Rosenfeld, attorney), for respondent.

RABIN, VALENTE and EAGER, JJ., concur in Per Curiam opinion; BERGAN, J., dissents in opinion in which BREITEL, J. P., concurs.


Per Curiam.

Plaintiff, an employee of a tenant in a commercial building owned by defendant at 1700 Broadway in Manhattan, was injured on July 18, 1957, when he fell as he stepped from the roof into a hall of the building. A board atop a box — which plaintiff was using as a step — tipped and tilted, causing him to fall. A jury awarded plaintiff $13,500 in damages.

Defendant contends that there...

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