Cloke v. Hotel Roosevelt Corp.

Appellate Division of the Supreme Court of New York

Cloke v. Hotel Roosevelt Corp.

16 A.D.2d 771, 227 N.Y.S.2d 974, 1962 N.Y. App. Div. LEXIS 9538

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 22, 1962

StatusPublished

Cited by1 cases

This text of 16 A.D.2d 771 (Cloke v. Hotel Roosevelt Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cloke v. Hotel Roosevelt Corp., 16 A.D.2d 771, 227 N.Y.S.2d 974, 1962 N.Y. App. Div. LEXIS 9538 (N.Y. Ct. App. 1962).

Pincite

Opinion

Determination of the Appellate Term affirming a judgment of the City Court in favor of plaintiff unanimously reversed on the law and the facts and complaint dismissed, with costs to the appellant. The evidence fails to show any defect or dangerous condition in regard to the stairway on which plaintiff fell. Plaintiff relies on a combination of lighting and identical floor covering which allegedly obscured a step and induced the illusion of a level, unbroken surface. The area was adequately lighted, and plaintiff was familiar with the premises and well aware of the existence and location of the stairs. Settle order on notice. Concur — Rabin, J. P., McNally, Stevens, Eager and Steuer, JJ.

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Determination of the Appellate Term affirming a judgment of the City Court in favor of plaintiff unanimously reversed on the law and the facts and complaint dismissed, with costs to the appellant. The evidence fails to show any defect or dangerous condition in regard to the stairway on which plaintiff fell. Plaintiff relies on a combination of lighting and identical floor covering which allegedly obscured a step and induced the illusion of a level, unbroken surface. The area was adequately lighted, and plaintiff was familiar with the premises and well aware of the existence and location of the stairs. Settle order on notice. Concur — Rabin, J. P., McNally, Stevens, Eager and Steuer, JJ.

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Bluebook (online)

16 A.D.2d 771, 227 N.Y.S.2d 974, 1962 N.Y. App. Div. LEXIS 9538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cloke-v-hotel-roosevelt-corp-nyappdiv-1962.

Opinion

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