Rubin v. B. F. Keith Corp.

Appellate Division of the Supreme Court of New York

Rubin v. B. F. Keith Corp.

242 A.D. 705

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

DecidedJuly 15, 1934

StatusPublished

This text of 242 A.D. 705 (Rubin v. B. F. Keith Corp.) 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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Rubin v. B. F. Keith Corp., 242 A.D. 705 (N.Y. Ct. App. 1934).

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Opinion

—Judgment and order affirmed, with costs. No opinion. Lazansky, P. J., Young a.nd Kapper, JJ., concur; Carswell and Tompkins, JJ., dissent and vote to reverse and to dismiss the complaint on the grounds (1) that the verdict of the jury on the question of the defendant’s negligence in respect to the lights is against the weight of evidence; (2) that by proceeding from the theatre box in “ complete ” and “ utter ” darkness, without making any inquiry or effort to ascertain whether the way was safe, plaintiff was guilty of contributory negligence as a matter of law.

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—Judgment and order affirmed, with costs. No opinion. Lazansky, P. J., Young a.nd Kapper, JJ., concur; Carswell and Tompkins, JJ., dissent and vote to reverse and to dismiss the complaint on the grounds (1) that the verdict of the jury on the question of the defendant’s negligence in respect to the lights is against the weight of evidence; (2) that by proceeding from the theatre box in “ complete ” and “ utter ” darkness, without making any inquiry or effort to ascertain whether the way was safe, plaintiff was guilty of contributory negligence as a matter of law.

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242 A.D. 705, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rubin-v-b-f-keith-corp-nyappdiv-1934.