General

Thomas Horan, Respondent, v. J. Rhodes O'Reilly, as Receiver of the Rents and Profits of Premises No. 140 Fifth Avenue, New York City, Appellant; The New Home Sewing Machine Company, Defendant

245 A.D. 761·New York Supreme Court, Appellate Division·1935·NY

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Opinion

Thomas Horan, Respondent, v. J. Rhodes O’Reilly, as Receiver of the Rents and Profits of Premises No. 140 Fifth Avenue, New York City, Appellant; The New Home Sewing Machine Company, Defendant. [MAJORITY] Action against a receiver in foreclosure for personal injuries sustained while operating a sidewalk freight elevator. Appeal from order vacating judgment of dismissal and ordering a new trial. Order reversed on the law, with costs, motion denied and judgment reinstated, on authority of Woman’s Hospital v. Loubern Realty Co. (266 N. Y. 123). Lazansky, P. J., Young, Carswell, Tompkins and Johnston, JJ., concur.