Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

ANNA KOWALCHICK, an Infant, by MARY KOWALCHICK, Her Guardian ad Litem, and MARY KOWALCHICK, Respondents, v. ABRAHAM RESHIN, Sued Herein as ABRAHAM RESKIN, Appellant.

PER CURIAM.

The manifest purpose of the ordinance (Code of Ordinances, chap. 23, § 164) was to protect travelers on the side-walk from falling into an open cellar entrance by providing adequate safeguards to warn them of danger. The ordinance was not intended to require the owner of the building to erect barriers to keep those who were fully aware of the presence of the opening from approaching it. ( Greenberg v. Schlanger, 229 N.Y. 120; Olsen v. Fennia Realty Co., 246 id. 641; Swartzman v. Socol Realty Co., 233 A.D. 374.) Since the record reveals that the infant plaintiff knew that the cellar door was open and that she attempted to jump over it, the defendant was under no duty to protect her from the particular hazard which ensued.

Judgment reversed, with thirty dollars costs, and complaint dismissed upon the merits, with costs.

All concur; present, LYDON, FRANKENTHALER and UNTERMYER, JJ.

Use AI to get other relevant cases.

Comments

KOWALCHICK v. RESHIN
(Mar 9, 1933)