Appellate Division of the Supreme Court of New York, 1936

Laginsky v. Shapiro

Appellate Division of the Supreme Court of New York · Decided June 23, 1936

248 A.D. 219; 288 N.Y.S. 1023; 1936 N.Y. App. Div. LEXIS 6122

Counsel

Frederick L. Thielmann of counsel [James J. Mahoney and George J. Stacy with him on the brief], for the appellant Jacob Shapiro, doing business, etc., William E. Lyons of counsel [Barnett Cohen, attorney], for the appellant The William Bayley Co., Joseph G. Saile of counsel [Thomas J. O’ Neill with him on the brief, attorney], for the respondent.

Opinion of the Court

Per Curiam.

We consider this record presented solely questions of fact which were properly submitted to the jury in a full, fair and impartial charge to which plaintiff took no exceptions, except as to the measure of damages which is here immaterial. There was sufficient evidence to support the finding of the jury that the steel window frame was installed in accordance with approved construction practice for this type of construction and that the negligence of the coworker of the deceased was the proximate cause of the accident. Accordingly it was error on the part of the trial court to set aside the jury’s verdict in favor of the defendants.

The order setting aside the verdict of the jury and granting a new trial should be reversed, with costs and disbursements, the motion denied, and the verdict reinstated.

Present — Martin, P. J., McAvoy, Untermyer, Dore and Cohn, JJ.

Order unanimously reversed, with costs and disbursements, the motion denied and the verdict reinstated.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.