Appellate Division of the Supreme Court of New York, 1940

Ginsberg v. Buffalo Columbus Hospital

Ginsberg v. Buffalo Columbus Hospital
Appellate Division of the Supreme Court of New York · Decided November 8, 1940
260 A.D. 986; 24 N.Y.S.2d 300; 1940 N.Y. App. Div. LEXIS 5698
Ginsberg v. Buffalo Columbus Hospital

Opinion of the Court

Judgment affirmed, with costs. All concur, except Dowling, J., who dissents and votes for reversal and for granting a new trial on the authority of Nasca v. St. Mary’s Roman Catholic Church (251 App. Div. 874; motion for leave to appeal denied by Court of Appeals, 275 N. Y. 652) and Osborne v. Salvation Army (107 F. [2d] 929). (The judgment dismisses the complaint in an action for damages for personal injuries sustained by reason of falling to the ground while cleaning a window in Nurses’ Home owned by defendant hospital.) Present — Crosby, P. J., Cunningham, Dowling, Harris and McCurn, JJ.

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