Mountakis v. 81st Street Theatre Corp.

Appellate Terms of the Supreme Court of New York

Mountakis v. 81st Street Theatre Corp.

17 Misc. 2d 446, 183 N.Y.S.2d 909, 1959 N.Y. Misc. LEXIS 4556

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 8, 1959

StatusPublished

This text of 17 Misc. 2d 446 (Mountakis v. 81st Street Theatre 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

Mountakis v. 81st Street Theatre Corp., 17 Misc. 2d 446, 183 N.Y.S.2d 909, 1959 N.Y. Misc. LEXIS 4556 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

The owner of a theatre or other place of public amusement is under a duty to exercise ordinary and reasonable care to see that a patron is not injured due to the acts of other persons.

The standard of care which the defendant owed to the plaintiff, a patron of its theatre, should have been properly defined and it was error to charge that defendant owed a ‘ ‘ high degree of care to patrons for their safety.5 ’

Moreover a verdict of $3,000 to plaintiff Patricia Mountakis to compensate her for the injuries which she allegedly sustained, finds no support in the record.

Consequently the judgment, based upon the verdict returned by the jury, may not be permitted to stand.

The judgment should be reversed and new trial ordered, with costs to appellant to abide the event.

Hecht, J. P. and Tilzer, J., concur; Stetjer, J., dissents and votes to dismiss the complaint.

Judgment reversed, etc.

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