Opinion · Nylaw New York

PUCCIO v. METROPOLITAN JOCKEY CLUB, 264 App. Div. 843 (1942)

GASPARE PUCCIO, Respondent, v. Metro. JOCKEY CLUB, Appellant., 264 A.D. 843 (Appellate Division of the Supreme Court of New York, First Department. 1942)

Type: Opinion
Court: Nylaw New York
Jurisdiction: Nylaw
Date: 1942-06-19
Topic: general

PUCCIO v. METROPOLITAN JOCKEY CLUB, 264 App. Div. 843 (1942) GASPARE PUCCIO, Respondent, v. METROPOLITAN JOCKEY CLUB, Appellant.Appellate Division of the Supreme Court of New York, First Department. June 19, 1942.

Citator

UpLaw has not yet analyzed PUCCIO v. METROPOLITAN JOCKEY CLUB, 264 App. Div. 843 (1942). The absence of a flag is not a finding that it is good law.

PUCCIOv.METROPOLITAN JOCKEY CLUB,264 App. Div. 843(1942)

GASPARE PUCCIO, Respondent,v.METROPOLITAN JOCKEY CLUB, Appellant.

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

June 19, 1942.

Appeal from Supreme Court, New York county.

PER CURIAM.

The record contains no evidence that the plaintiff slipped upon any of the litter which is claimed to have been upon the stairs of the grandstand where he fell. There is no reason to assume, therefore, that the plaintiff's fall was caused by any negligence of the defendant rather than by the moist condition of the stairs for which the defendant was not responsible.

The judgment should be reversed, with costs, and the complaint dismissed, with costs.

Present — Martin, P.J., Townley, Glennon, Untermyer and Dore, JJ.

Judgment unanimously reversed, with costs, and the complaint dismissed, with costs.