Hoffman v. Don-Len Plaza Diner, Inc.

Appellate Division of the Supreme Court of New York

Hoffman v. Don-Len Plaza Diner, Inc.

68 A.D.2d 880, 413 N.Y.S.2d 763, 1979 N.Y. App. Div. LEXIS 11110

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

DecidedMarch 5, 1979

StatusPublished

Cited by1 cases

This text of 68 A.D.2d 880 (Hoffman v. Don-Len Plaza Diner, Inc.) 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

Hoffman v. Don-Len Plaza Diner, Inc., 68 A.D.2d 880, 413 N.Y.S.2d 763, 1979 N.Y. App. Div. LEXIS 11110 (N.Y. Ct. App. 1979).

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Opinion

In a negligence action to recover damages for personal injuries, etc., defendant Don-Len Plaza Diner, Inc., appeals from a judgment of the Supreme Court, Rockland County, entered December 8, 1977, which is in favor of plaintiffs and against it, upon a jury verdict. Judgment reversed, on the law, and new trial granted, with costs to abide the event. Plaintiff Harriet Hoffman slipped and fell on ice outside appellant’s diner at approximately 6:15 p.m. on February 3, 1972. The testimony of plaintiffs’ witnesses revealed that rain and sleet were falling around the time of the mishap. The statistics of a weather station established that rain, snow, sleet and hail fell from approximately 3:00 p.m. to 11:00 p.m. on that date. Under these circumstances, it was error for the trial court to refuse to charge the jury with respect to the nature of appellant’s duty to clear away accumulations on the walk during the progress of a storm (see Falina v Hollis Diner, 281 App Div 711, affd 306 NY 586). O’Connor, J. P., Gulotta, Margett and Mangano, JJ., concur.

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In a negligence action to recover damages for personal injuries, etc., defendant Don-Len Plaza Diner, Inc., appeals from a judgment of the Supreme Court, Rockland County, entered December 8, 1977, which is in favor of plaintiffs and against it, upon a jury verdict. Judgment reversed, on the law, and new trial granted, with costs to abide the event. Plaintiff Harriet Hoffman slipped and fell on ice outside appellant’s diner at approximately 6:15 p.m. on February 3, 1972. The testimony of plaintiffs’ witnesses revealed that rain and sleet were falling around the time of the mishap. The statistics of a weather station established that rain, snow, sleet and hail fell from approximately 3:00 p.m. to 11:00 p.m. on that date. Under these circumstances, it was error for the trial court to refuse to charge the jury with respect to the nature of appellant’s duty to clear away accumulations on the walk during the progress of a storm (see Falina v Hollis Diner, 281 App Div 711, affd 306 NY 586). O’Connor, J. P., Gulotta, Margett and Mangano, JJ., concur.

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Bluebook (online)

68 A.D.2d 880, 413 N.Y.S.2d 763, 1979 N.Y. App. Div. LEXIS 11110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoffman-v-don-len-plaza-diner-inc-nyappdiv-1979.

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