Green v. Church of Immaculate Conception
This text of 248 A.D. 757 (Green v. Church of Immaculate Conception) 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.
Opinion
Judgment dismissing complaint at the close of plaintiff’s case reversed upon the law and a new trial granted, with costs to appellant to abide the event. Defendant owed plaintiff — an invitee — a duty of reasonable care. (Vaughan v. Transit Development Co., 222 N. Y. 79; Hudson v. Church of Holy Trinity, 250 id. 513.) While defendant was subject to no statutory duty to keep the vestibule and stairway lighted, it was for the jury to say whether defendant was negligent and the plaintiff free from contributory negligence. Lazansky, P. J., Young, Johnston and Taylor, JJ., concur; Carswell, J., dissents and votes to affirm.
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248 A.D. 757, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-church-of-immaculate-conception-nyappdiv-1936.