Luciano v. Mapart, Inc.

Appellate Division of the Supreme Court of New York

Luciano v. Mapart, Inc.

14 A.D.2d 843, 220 N.Y.S.2d 846, 1961 N.Y. App. Div. LEXIS 8042

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

DecidedNovember 9, 1961

StatusPublished

This text of 14 A.D.2d 843 (Luciano v. Mapart, 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

Luciano v. Mapart, Inc., 14 A.D.2d 843, 220 N.Y.S.2d 846, 1961 N.Y. App. Div. LEXIS 8042 (N.Y. Ct. App. 1961).

Pincite

Opinion

While under some circumstances a glass door exit may be constructed or maintained in a manner so as to constitute negligence (see Shannon v. Broadway & 41st St. Corp., 272 App. Div. 1029, affd. 298 N. Y. 589), in the instant case there was a complete absence of proof of negligence on the part of the defendant. There was no evidence offered to show faulty construction or improper maintenance. Consequently a direction of a verdict for the defendant was warranted (see Cooper v. Scharf, 11 A D 2d 101). Concur — Botein, P. J., Breitel, Rabin, Valente and Steuer, JJ.

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While under some circumstances a glass door exit may be constructed or maintained in a manner so as to constitute negligence (see Shannon v. Broadway & 41st St. Corp., 272 App. Div. 1029, affd. 298 N. Y. 589), in the instant case there was a complete absence of proof of negligence on the part of the defendant. There was no evidence offered to show faulty construction or improper maintenance. Consequently a direction of a verdict for the defendant was warranted (see Cooper v. Scharf, 11 A D 2d 101). Concur — Botein, P. J., Breitel, Rabin, Valente and Steuer, JJ.

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Bluebook (online)

14 A.D.2d 843, 220 N.Y.S.2d 846, 1961 N.Y. App. Div. LEXIS 8042, Counsel Stack Legal Research, https://law.counselstack.com/opinion/luciano-v-mapart-inc-nyappdiv-1961.