Keppler v. Loew's Boulevard Corp.

Appellate Terms of the Supreme Court of New York

Keppler v. Loew's Boulevard Corp.

11 Misc. 2d 911, 172 N.Y.S.2d 618, 1958 N.Y. Misc. LEXIS 3624

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 27, 1958

StatusPublished

This text of 11 Misc. 2d 911 (Keppler v. Loew's Boulevard Corp.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Keppler v. Loew's Boulevard Corp., 11 Misc. 2d 911, 172 N.Y.S.2d 618, 1958 N.Y. Misc. LEXIS 3624 (N.Y. Ct. App. 1958).

Pincite

Opinion

Per Curiam.

Plaintiff has failed to prove any actionable negligence on defendant’s part. It was in the province of the jury to find that it was raining and the usual added factor of danger existed from the dampness, but this was not enough. The portion of the lobby where plaintiff fell was an open and exposed place and defendant failed to provide a safer or drier place than the sidewalk, but the evidence does not show that the condition was more dangerous than the ordinary condition of a sidewalk on a rainy day.

The judgment should be reversed, with costs, and complaint dismissed, with costs.

Steuer and Aurelio, JJ., concur; Hofstadter, J. P., concurs for reversal of judgment but dissents from dismissal of complaint and votes for a new trial.

Judgment reversed, etc.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

Plaintiff has failed to prove any actionable negligence on defendant’s part. It was in the province of the jury to find that it was raining and the usual added factor of danger existed from the dampness, but this was not enough. The portion of the lobby where plaintiff fell was an open and exposed place and defendant failed to provide a safer or drier place than the sidewalk, but the evidence does not show that the condition was more dangerous than the ordinary condition of a sidewalk on a rainy day.

The judgment should be reversed, with costs, and complaint dismissed, with costs.

Steuer and Aurelio, JJ., concur; Hofstadter, J. P., concurs for reversal of judgment but dissents from dismissal of complaint and votes for a new trial.

Judgment reversed, etc.

Cite This Page — Counsel Stack

Bluebook (online)

11 Misc. 2d 911, 172 N.Y.S.2d 618, 1958 N.Y. Misc. LEXIS 3624, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keppler-v-loews-boulevard-corp-nyappterm-1958.