Marks v. Andros Broadway, Inc.

Appellate Division of the Supreme Court of New York

Marks v. Andros Broadway, Inc.

38 A.D.2d 926, 330 N.Y.S.2d 31, 1972 N.Y. App. Div. LEXIS 5091

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

DecidedMarch 23, 1972

StatusPublished

Cited by5 cases

This text of 38 A.D.2d 926 (Marks v. Andros Broadway, 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

Marks v. Andros Broadway, Inc., 38 A.D.2d 926, 330 N.Y.S.2d 31, 1972 N.Y. App. Div. LEXIS 5091 (N.Y. Ct. App. 1972).

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Opinion

Judgment, SupremeCourt, New York County entered May 28, 1971, so far as appealed from, reversed, on the law, without costs and without disbursements, and the complaint dismissed as to the Downtowner, Inc., sued herein as the Downtowner Cafeteria, Inc. Plaintiff testified that on the morning of the accident it was raining, that she entered the building where the cafeteria was located, walked about 12 feet through a lobby into the cafeteria, observed the floor was wet, took a few steps and felt “myself sliding to the floor.” There was no testimony or evidence of disrepair or faulty construction, that water or moisture would cause this type of floor to become dangerous (Pignatelli v. Gimbel Bros., 285 App. Div. 625), nor was there proof of actual or constructive notice as to how long the condition complained of existed (Miller v. Gimbel Bros., 262 N. Y. 107). The obligation of a restaurant owner is to see to it that the floor is maintained in a reasonably safe condition. There is no evidence that there was here a breach of the duty imposed so as to render appellant liable in damages (Boccaccino v. Our Lady of Pity R. C. Church, 18 A D 2d 1055). Concur — Stevens, P. J., McGivern, Nunez, Murphy and Capozzoli, JJ.

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Judgment, SupremeCourt, New York County entered May 28, 1971, so far as appealed from, reversed, on the law, without costs and without disbursements, and the complaint dismissed as to the Downtowner, Inc., sued herein as the Downtowner Cafeteria, Inc. Plaintiff testified that on the morning of the accident it was raining, that she entered the building where the cafeteria was located, walked about 12 feet through a lobby into the cafeteria, observed the floor was wet, took a few steps and felt “myself sliding to the floor.” There was no testimony or evidence of disrepair or faulty construction, that water or moisture would cause this type of floor to become dangerous (Pignatelli v. Gimbel Bros., 285 App. Div. 625), nor was there proof of actual or constructive notice as to how long the condition complained of existed (Miller v. Gimbel Bros., 262 N. Y. 107). The obligation of a restaurant owner is to see to it that the floor is maintained in a reasonably safe condition. There is no evidence that there was here a breach of the duty imposed so as to render appellant liable in damages (Boccaccino v. Our Lady of Pity R. C. Church, 18 A D 2d 1055). Concur — Stevens, P. J., McGivern, Nunez, Murphy and Capozzoli, JJ.

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Bluebook (online)

38 A.D.2d 926, 330 N.Y.S.2d 31, 1972 N.Y. App. Div. LEXIS 5091, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marks-v-andros-broadway-inc-nyappdiv-1972.

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