Knight v. Village of Fairport

Appellate Division of the Supreme Court of New York

Knight v. Village of Fairport

283 A.D. 997, 1954 N.Y. App. Div. LEXIS 6034

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

DecidedMay 5, 1954

StatusPublished

This text of 283 A.D. 997 (Knight v. Village of Fairport) 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.

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Knight v. Village of Fairport, 283 A.D. 997, 1954 N.Y. App. Div. LEXIS 6034 (N.Y. Ct. App. 1954).

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Opinion

Judgment and order affirmed, without costs of this appeal to either party. Memorandum: Although plaintiff was fully aware of the alleged dangerous condition of which she complains, the record is barren of any testimony that she was preoccupied, her attention distracted elsewhere, or of any excuse whatsoever for not having taken reasonable care to avoid the known danger. We agree with the trial court that plaintiff was contributorily negligent. Moreover, the record does not disclose any evidence to support a finding of negligence against the defendant village. (See Dowd v. City of Buffalo, 263 App. Div. 932, affd. 290 1ST. T. 895.) All concur. (Appeal from a judgment dismissing the complaint in a negligence action. The order denied plaintiff’s motion to set aside the previous order of dismissal.) Present — MeCurn, P. J., Vaughan, Piper, Wheeler and Van Duser, JJ. [See 284 App. Div. 836.]

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Judgment and order affirmed, without costs of this appeal to either party. Memorandum: Although plaintiff was fully aware of the alleged dangerous condition of which she complains, the record is barren of any testimony that she was preoccupied, her attention distracted elsewhere, or of any excuse whatsoever for not having taken reasonable care to avoid the known danger. We agree with the trial court that plaintiff was contributorily negligent. Moreover, the record does not disclose any evidence to support a finding of negligence against the defendant village. (See Dowd v. City of Buffalo, 263 App. Div. 932, affd. 290 1ST. T. 895.) All concur. (Appeal from a judgment dismissing the complaint in a negligence action. The order denied plaintiff’s motion to set aside the previous order of dismissal.) Present — MeCurn, P. J., Vaughan, Piper, Wheeler and Van Duser, JJ. [See 284 App. Div. 836.]

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283 A.D. 997, 1954 N.Y. App. Div. LEXIS 6034, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knight-v-village-of-fairport-nyappdiv-1954.

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