Appellate Division of the Supreme Court of New York, 1957

Smith v. Swet

Smith v. Swet
Appellate Division of the Supreme Court of New York · Decided November 18, 1957
4 A.D.2d 964; 168 N.Y.S.2d 468; 1957 N.Y. App. Div. LEXIS 3902
Smith v. Swet

Opinion of the Court

In an action to recover damages for personal injuries and for medical expenses and loss of services, the appeal is from a judgment dismissing the complaint after trial before the court without a jury. It appears that the appellant Elsie Smith, an occupant of an apartment in a two-family house, leaned against a porch railing and fell because, inferentially, the railing collapsed. Judgment unanimously affirmed, with costs. No opinion. Present — Nolan, P. J., Beldock, Murphy, Ughetta and Kleinfeld, JJ.

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