General

Joseph Pulvers, an Infant, by Morris Pulvers, His Guardian ad Litem, Appellant, v. Maiden Lane Realty Company, Respondent, and Another, Defendant

220 A.D. 743·New York Supreme Court, Appellate Division·1927·NY

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Opinion

Joseph Pulvers, an Infant, by Morris Pulvers, His Guardian ad Litem, Appellant, v. Maiden Lane Realty Company, Respondent, and Another, Defendant. [MAJORITY] Judgment dismissing complaint reversed upon the law and the facts, with costs to appellant to abide the event, and a new trial granted, upon the ground that whether plaintiff was caused to fall into the elevator shaft by reason of the absence of the protecting bar presented a question of fact for the jury. Kelly, P. J., Young, Kapper, Lazansky and Hagarty, JJ., concur.