Harold Tillman v. New York City Housing Authority

Judgment, entered on May 9, 1960, in favor of plaintiffs against defendants New York City Housing Authority, C. E. Youngdahl Co. and Psaty & Fuhrman, Inc., unanimously reversed on the law and on the facts and the complaint dismissed, with costs to defendants C. E. Youngdahl Co. and Psaty & Fuhrman, Inc., and the New York City Housing Authority against plaintiffs; said judgment insofar as it is a judgment in favor of the defendants Lachow and Gross, doing business as Essential Demolition Co., against plaintiffs, unanimously affirmed on the law and on the facts, with costs to Essential Demolition Co. against the plaintiffs; the judgment insofar as it directs a recovery by the defendant New York City Housing Authority on its cross complaint against defendants C. E. Youngdahl Co. and Psaty & Fuhrman, Inc., unanimously reversed on the law and the cross complaint dismissed, without costs; and the judgment insofar as it dismisses the cross complaint of New York City Housing Authority against defendants Lachow and Gross, doing business as Essential Demolition Co. unanimously affirmed on the law and on the facts, without costs. Even were we to assume that the infant plaintiff did trip over the block or slab of stone extending out from the building line of Public School Building 179, which fact, in our opinion, is not satisfactorily established, nevertheless, as a matter of law the plaintiffs failed to make a case. The stone plainly